Myers v. Kauffmann Department Stores, Inc.
Myers v. Kauffmann Department Stores, Inc.
149 F.2d 968; 1945 U.S. App. LEXIS 2724
(Federal Reporter, Second Series)
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.