U.S. Court of Appeals for the Third Circuit, 1945

Myers v. Kauffmann Department Stores, Inc.

Myers v. Kauffmann Department Stores, Inc.
U.S. Court of Appeals for the Third Circuit · Decided June 15, 1945 · Kalodner, Martin, McLaughlin
149 F.2d 968; 1945 U.S. App. LEXIS 2724 (Federal Reporter, Second Series)

Myers v. Kauffmann Department Stores, Inc.

Opinion of the Court

PER CURIAM.

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

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