Simmons

Plaintiff-appellant brought this action for personal injuries against defendant-respondent company, alleging that on September 10, 1955, she descended to the basement of defendant’s store by escalator to purchase various items, and after making such purchases she again made use of it to ascend to the street floor; that while so ascending she was injured due to the carelessness and negligence in the maintenance of said escalator in that it was being maintained in a dangerous, defective and unsafe condition; that plaintiff had no notice of such condition and she was using it in the ordinary and usual manner for which it was designed. She sought general damages in the sum of $50,000 and special damages in the sum of $3,000.

By answer defendant generally denied these allegations, admitted plaintiff did fall while ascending on said escalator, and alleges the affirmative defense of contributory negligence on her part. A trial by the court resulted in a judgment for defendant with a finding that plaintiff entered the premises and on ascending from the basement, as alleged, she fell and sustained certain injuries, incurred certain bills and lost certain income. It specifically found that…