Schwerin v. H. C. Capwell Co.

The defendant owns and operates a large department store having six floors arid a basement. To enable its customers to go from one floor to another the defendant maintains elevators, escalators and ordinary stairways. While a customer in the store, Mrs. Schwerin chose an escalator to go from the first floor to the basement to make a purchase. When about halfway down she was struck by two small boys who were attempting to ascend against the downward movement of the escalator. In their suit for damages Mrs. Schwerin and her husband, pleaded negligence specially, basing their case on the…