O'DAY v. Sakowitz Brothers

PEDEN, Justice.

Appeal from a take nothing judgment in a personal injury suit.

Plaintiff Mrs. Lorraine O’Day alleged that she was injured while riding an escalator in Sakowitz Brothers’ store at about 1 P.M. on October 23, 1963, when the escalator suddenly stopped. She brought this suit against Sakowitz and against Elevator Maintenance Co., which had contracted to maintain the escalators for Sako-witz. Other parties named as defendants will be noticed later in this opinion.

The appellants’ petition stated that while Mrs. O’Day was riding down from the third floor on the escalator it plunged…