Mills v. Lit Brothers

Opinion by

Mr. Justice Allen M. Stearns,

This is an action of trespass to recover damages for injuries sustained by the three and one-half year old minor plaintiff in defendant’s department store. The evidence established that the minor plaintiff accompanied his mother to the second floor of the store and .while the latter’s attention was directed toward the selection of merchandise she was purchasing, the child wandered a short distance away to a moving escalator. He was discovered shortly thereafter with the fingers of his left hand caught in the narrow aperture where the tread of the…