O’Connor (plaintiff) slipped and fell on ice coating the terrace of New York’s Pennsylvania Station. O’Connor claimed that the ice was “rugged” and dirty. O’Connor sued the Pennsylvania Railroad Co. (Railroad) (defendant) in state court. The Railroad had the case removed to federal court under diversity jurisdiction. The Railroad could only be subject to liability if it was determined that the ice was already on the terrace from an earlier storm and was not the result of the snowstorm taking place at the time O’Connor fell. According to reports of the United States Weather Bureau, very little snow had fallen in the days leading up to O’Connor’s fall, but a large amount of snow fell just before the fall. The jury found for O’Connor. The Railroad was granted a judgment notwithstanding the verdict, and O’Connor appealed to the United States Court of Appeals for the Second Circuit.