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ENGEL v. F. W. WOOLWORTH CO.

No. 232, Docket 23024.

213 F.2d 482 (1954)

ENGEL et al. v. F. W. WOOLWORTH CO. (OTIS ELEVATOR CO., Third-party Defendant).

United States Court of Appeals Second Circuit.

Decided June 2, 1954.

Attorney(s) appearing for the Case

Galli & Locker, New York City (Oscar A. Thompson and Patrick E. Gibbons, New York City, of counsel), for third-party plaintiff-appellant.

Hampton & Mahoney, New York City (William F. McNulty, New York City, of counsel), for third-party defendant-appellee.

Before CHASE, Chief Judge, and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. One of the issues, as between Woolworth and Otis, was that Otis had been negligent in that, under its maintenance contract, it had not properly adjusted the escalator. Otis called expert witnesses who, over objection by Woolworth, testified that the escalator could not have been so adjusted as to prevent the child's finger from being caught. We do not agree with Woolworth's contention that this was not a proper subject of expert testimony...

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