FITZGERALD v. B. GERTZ, INC.


30 A.D.2d 809 (1968)

Evelyn Fitzgerald, an Infant, by Her Father and Natural Guardian, Matthew Fitzgerald, et al., Respondents, v. B. Gertz, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1968


Reversed, on the law and the facts, and new trial granted, with costs to abide the event.

In our opinion the verdict, predicated on a finding of negligence due to an excessive violent jerking motion of an escalator, is against the weight of the evidence. Further, the trial court erred in not permitting defense counsel to question a witness for plaintiffs concerning the effect of the alleged irregular movement on other persons who were on the escalator. Finally, the...

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