Weiner

This case coming on for trial pursuant to assignment, trial by jury by stipulation was waived, and the case submitted to the Court, on pretrial certificate heretofore filed after pretrial conference on November 6th, 1940, and written stipulation of facts filed herein on the 28th day of November, 1940. The following facts were established:

The width of the escalator involved, between the balustrades is 24 inches, and the width of the steps is 17% inches, the width of the escalator on the east side of the defendants’ building, except the up escalator from the main floor to the second floor is the same; the width of the escalator between the balustrades on the west side of the building, and of the up escalator between the main and second floor is 48 inches, the width of the steps on the escalator in the west side of the building is 34% inches. The escalator, involved in this action, consists of one escalator running from the main floor down to the basement, and one escalator running from the basement up to the main floor. The said escalators are the only escalators between the basement and the main floor of *896 defendants’ building. From the first floor up there are two sets of…