Hartnett v. May Department Stores Co.

This is an action for personal injuries sustained by plaintiff while riding as a passenger on an escalator in defendant's store, resulting from a violent and unusual jerk, jar, or jolt of the escalator.

The trial, with a jury, resulted in a verdict and judgment for plaintiff for $2800, and defendant appeals.

Plaintiff testified as follows:

"On December 24, 1929, I was Christmas shopping in the basement of the store. I purchased a few pairs of gloves in the basement and then went to the escalator to go from the basement to the first floor. When I boarded the escalator I put both hands on the…