Johnson v. Marshall Field & Co.

Donworth, J.†

(dissenting) — I find myself unable to agree with the majority opinion and will briefly state my reasons for dissenting.

The record in this case reveals an unusual situation. In the amended complaint the plaintiffs alleged that the wife,, while a customer in defendant’s store in Seattle, was riding on an escalator and was injured through the defendant’s negligence in that her scalp was nearly torn off by a descending step. The complaint also contained allegations to the effect that, after the escalator was stopped, Mrs. Johnson was not given proper care and attention by…