Heffernan v. Mandel Bros.

Mr, Justice John J. Sullivan

delivered the opinion of the court.

This appeal seeks to reverse a judgment for $350 rendered against defendant, Mandel Brothers, in an action brought by plaintiff, Bridget Heffernan, for damages for personal injuries claimed to have been received while she was a passenger on an escalator in defendant’s store.

After alleging that she became a passenger on the escalator for the purpose of being carried from one floor to another, plaintiff’s complaint averred:

“That while plaintiff was such passenger as aforesaid, and while she was at all times in the exercise of due…