Myers v. Kauffmann Department Stores, Inc.
U.S. Court of Appeals for the Third Circuit
Myers v. Kauffmann Department Stores, Inc., 149 F.2d 968 (3d Cir. 1945)
1945 U.S. App. LEXIS 2724
Myers v. Kauffmann Department Stores, Inc.
Opinion of the Court
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 on the escalator, even without holding the rails, nothing would have happened. Her contributory negligence is clear as a matter of law.
The judgment of the District Court is affirmed
Reference
- Full Case Name
- MYERS v. KAUFFMANN DEPARTMENT STORES, Inc.
- Status
- Published