Opinion
November 2, 1942.
The infant-plaintiff and his mother were injured while riding on an escalator on defendant's premises. They both sue to recover damages for personal injuries, while Jack Don Abravanel, as father and husband, sues to recover for loss of services of the infant-plaintiff and of his mother, and for moneys expended for medical services. Upon the trial the jury rendered a verdict in favor of the infant-plaintiff and his father, Jack Don Abravanel, on their cause of action for personal injuries to the infant-plaintiff, and in favor of the defendant and against plaintiff Pauline Abravanel on her cause of action for personal injuries, and against plaintiff Jack Don Abravanel on his cause of action for loss of the services of his wife and for medical expenses. The defendant appeals from the judgment in favor of the infant-plaintiff and his father, Jack Don Abravanel. Plaintiffs Jack Don Abravanel and Pauline Abravanel appeal from the judgment and from an order which amended the judgment so as to conform to the verdict of the jury in their action against defendant for personal injuries and expenses. On appeal by defendant, judgment, in so far as appealed from, reversed on the facts and a new trial granted, with costs to appellant to abide the event, on the ground that in this phase the verdict is against the weight of the evidence. On appeal by Jack Don Abravanel and Pauline Abravanel, judgment, in so far as appealed from, and order amending judgment, unanimously affirmed, with costs. The verdict of the jury in this phase is amply supported by evidence from which the inference flows that plaintiff Pauline Abravanel was guilty of contributory negligence debarring recovery of damages by herself and her husband. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.