MYERS v. KAUFFMANN DEPARTMENT STORES

No. 8803.

149 F.2d 968 (1945)

MYERS v. KAUFFMANN DEPARTMENT STORES, Inc.

Circuit Court of Appeals, Third Circuit.

Decided June 15, 1945.


Attorney(s) appearing for the Case

Sanford M. Chilcote, of Pittsburgh, Pa. (Dickie, Robinson & McCamey, of Pittsburgh, Pa., on the brief), for appellant.

John H. Sorg, of Pittsburgh, Pa., for appellee.

Before MARTIN and McLAUGHLIN, Circuit Judges, and KALODNER, District Judge.


PER CURIAM.

In this personal injury action, plaintiff-appellant fell while walking down an escalator in defendant's store. The escalator, at the time, was moving in a downward direction. Plaintiff, wearing high-heeled shoes, made no observation, prior to the accident, of the step on which she claims to have fallen; she made no attempt to use the readily available hand rails; she, herself, testified that had she remained stationary...

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