L.S. Ayres & Co. v. Hicks

Supreme Court of Indiana, 1942.

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.


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