Myers v. Kauffmann Department Stores, Inc.

Third Circuit

Myers v. Kauffmann Department Stores, Inc.

149 F.2d 968, 1945 U.S. App. LEXIS 2724

CourtCourt of Appeals for the Third Circuit

DecidedJune 15, 1945

DocketNo. 8803

StatusPublished

This text of 149 F.2d 968 (Myers v. Kauffmann Department Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myers v. Kauffmann Department Stores, Inc., 149 F.2d 968, 1945 U.S. App. LEXIS 2724 (3d Cir. 1945).

Pincite

Opinion

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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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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Bluebook (online)

149 F.2d 968, 1945 U.S. App. LEXIS 2724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-kauffmann-department-stores-inc-ca3-1945.