L.S. AYRES & CO. V. HICKS
Sup. Ct. of Ind., 40 N.E.2d 334, 41 N.E.2d 195, 356 (1942)
NATURE OF THE CASE: Ayres (D) sought review of a decision which granted Hicks (P) damages
for personal injuries sustained on the D's property, overruled D's motion for a judgment on
the interrogatories and the answers thereto, and overruled the D's motion for a new trial.
FACTS: P was a six-year-old boy who visited D's department store with his mother while
she was shopping. P was descending from the third floor on an escalator, and he fell at the
second floor landing and some fingers of both his hands were caught in the moving parts of
the escalator at the place where it disappears into the floor. P sued D. Claiming a that D
was negligent in its operation of the escalator and that P's injury was worsened by D's
failure to stop the escalator sooner. The jury found that the escalators with which the
appellant's store was equipped were purchased and installed in 1934; that no escalator was
made prior to the accident that was safer than the one in use; that it was not the practice
of stores installing escalators to have an attendant after a year; that the escalator on
which P was injured was equipped with switch buttons at each floor landing by which it could
be stopped in about 2 1/2 steps; that D had clerks working within 50 feet of the place where
P was injured, all of whom had not been instructed how to stop the escalator; that the
escalator was moving at the rate of 90 feet per minute; that P's fingers were caught in the
mechanism practically as soon as he fell; that the escalator ran 'approximately 70 steps (of
15 inches) or more' before it was stopped; that it was from 3 to 5 minutes after P was first
injured before his fingers were released; and that the appellee's injuries were increased by
the grinding effect on his fingers which continued until the escalator was stopped. P got
the judgment and a number of motions for judgment and a new trial were denied and D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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