Opinion
Gen. No. 42,270. (Abstract of Decision.)
Opinion filed June 30, 1943
NEGLIGENCE, § 96 — store patron injured on escalator, sufficiency of evidence to show negligence. In action for injuries sustained on department store escalator when plaintiff fell in trying to avoid another patron who had fallen ahead of her and was struck on back by descending steps, negligence being alleged with respect to absence of automatic stopping devices, and in other respects, and also, by amendment after verdict, in failure to comply with city ordinance requiring "stop" buttons to be provided and placed in specified manner, held that the evidence was sufficient to sustain verdict for plaintiff, and further held that the post-verdict amendment was permissible notwithstanding running of limitations.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WM. J. WIMBISCUS, Judge, presiding.
Judgment reversed and cause remanded. Heard in the third division, first district, this court at the June term, 1942.
Clarence M. Dunagan and Geoffrey Fleming, for appellant;
Abraham B. Litow, for appellee.
"Not to be published in full." Opinion filed June 30, 1943.