NEGLIGENCE - ESCALATOR NOT AN ATTRACTIVE NUISANCE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff, a four-year-old child, accompanied his mother into defendant's department store. Having wandered over to a nearby escalator, he inserted his hand into the aperture where the steps go under the floor, and suffered the loss of two fingers for which injury this action was brought. Held, defendant's motion to dismiss the action was properly granted below, since an escalator, being an ordinary, common instrumentality constructed for ordinary and common use, is not an attractive nuisance. Kataoka v. May Department Stores Co., (D. C. Cal. 1939) 28 F. Supp. 3.

Recommended Citation

Michigan Law Review, NEGLIGENCE - ESCALATOR NOT AN ATTRACTIVE NUISANCE, 38 Mich. L. Rev. 265 (1939).
Available at: https://repository.law.umich.edu/mlr/vol38/iss2/26