Opinion
No. 8803.
Argued June 7, 1945.
Decided June 15, 1945.
Appeal from the District Court of the United States for the Western District of Pennsylvania; Frederick P. Schoonmaker, Judge.
Action by Dorothy Myers against Kauffmann Department Stores, Inc., for injuries received by plaintiff when she fell in defendant's store as she was walking down a moving escalator. From a judgment for defendants, 57 F. Supp. 577, plaintiff appeals.
Affirmed.
Sanford M. Chilcote, of Pittsburgh, Pa. (Dickie, Robinson McCamey, of Pittsburgh, Pa., on the brief), for appellant.
John H. Sorg, of Pittsburgh, Pa., for appellee.
Before MARTIN and McLAUGHLIN, Circuit Judges, and KALODNER, District Judge.
In this personal injury action, plaintiff-appellant fell while walking down an escalator in defendant's store. The escalator, at the time, was moving in a downward direction. Plaintiff, wearing high-heeled shoes, made no observation, prior to the accident, of the step on which she claims to have fallen; she made no attempt to use the readily available hand rails; she, herself, testified that had she remained stationary on the escalator, even without holding the rails, nothing would have happened. Her contributory negligence is clear as a matter of law.
The judgment of the District Court is affirmed.