Myers v. Kaufmann Department Stores, Inc.

SCHOONMAKER, District Judge.

Plaintiff is suing to recover damages for personal injuries alleged to have been received by her when she fell in defendant’s store as she was walking down a moving escalator. The trial resulted in a verdict in her favor for $3116.

Defendant has moved for judgment non obstante veredicto in its favor, or in lieu thereof, for a new trial alleging that the verdict is excessive.

The facts developed at the trial are briefly these: Plaintiff stepped onto a moving escalator at the 7th floor to go to the 6th floor of diefendant’s store. This escalator was fourteen inches…