Weiner v. May Department Stores Co.

NETERER, District Judge.

This case coming on for trial pursuant to assignment, trial by jury by stipulation was waived, and the case submitted to the Court, on pretrial certificate heretofore filed after pretrial conference on November 6th, 1940, and written stipulation of facts filed herein on the 28th day of November, 1940. The following facts were established:

The width of the escalator involved, between the balustrades is 24 inches, and the width of the steps is 17% inches, the width of the escalator on the east side of the defendants’ building, except the up escalator from the main floor…