Frein v. Sears, Roebuck & Co.

TMs is an action for personal injuries sustained on April 8,1947, by the infant plaintiff, then three and one-half years old, on the upper landing of the ascending basement escalator. The testimony established that the boy was sitting on the upper level of the escalator with his feet towards the basement at the moment of injury. Although there was no eyewitness as to how the boy got there, the complaint alleges that the infant plaintiff was a passenger on the escalator at the time he was injured. It may, therefore, be inferred that the infant seated himself on the moving escalator at the…