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J. C. PENNEY COMPANY v. LIVINGSTON

271 S.W.2d 906 (1954)

J. C. PENNEY COMPANY, a Corporation, Appellant, v. William J. LIVINGSTON, Jr., by his father and next friend, William J. Livingston, Appellee.

Court of Appeals of Kentucky.

October 8, 1954.

Attorney(s) appearing for the Case

John E. Shepard, Covington, for appellant.

Odis W. Bertelsman & Morris W. Weintraub, Newport, for appellee.

COMBS, Justice.

William J. Livingston, Jr., age 22 months, who resided with his parents in Newport, sustained an injury to his right hand while riding on an escalator in a J. C. Penney Store in Cincinnati, Ohio. In this action filed in his behalf by his father, the jury returned a verdict for plaintiff in the amount of $10,000. The Company has appealed.

A brief résumé of the facts is necessary. Plaintiff's sister, age 14 took him with her from Newport...

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