Nettrour v. JC Penney Company

Opinion by

Mr. Justice Moore.

Plaintiff in error, David Nettrour, to whom we will refer as David, was five years of age at the time of the accident giving rise to this action. He seeks to recover damages for personal injuries sustained by him while riding on an escalator on the store premises of defendant in error, hereinafter referred to as Penney. The issues raised by the pleadings are the usual ones pertinent to actions to recover for personal injuries. Penney denied negligence on its part and affirmatively alleged contributory negligence and unavoidable accident.

At the conclusion of the…