Silver v. New York Central Railroad
Supreme Judicial Court of Massachusetts
105 N.E.2d 923 (1952)
Relevant factsFree
Silver's (plaintiff) railroad car was sidetracked and grew cold during winter weather, and her calls to the porter for help went unanswered, allegedly worsening a preexisting condition from prolonged cold exposure; at trial, the judge excluded the railroad's proffered testimony that eleven other passengers made no complaints about the cold, and the judge ruled for Silver, prompting the railroad's appeal challenging that exclusion.
IssueFree
Whether, if only the plaintiff complained about conditions to which others were also exposed, evidence of the absence of other complaints is admissible to prove the conditions were satisfactory.