L.S. Ayres & Co. v. Hicks
Supreme Court of
220 Ind. 86, 40 N.E.2d 334.
Prosser, pp. 415-416
Facts: The plaintiff got his fingers stuck in an escalator and the store negligently delayed stopping it. The plaintiff sued and won. The defendant moved for a new trial, but the motion was denied. The defendant appealed.
Issue: Did the defendant have an obligation to rescue the plaintiff?
Rule: When an injury to an invitee results from the use of something under the invitor’s control, the invitor has a duty to assist the invitee, or else the invitor will be liable for any aggravation of the injury resulting from their failure to intervene.
Conclusion: The judgment is reversed and remanded for a new trial.