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.
Analysis:
Conclusion: The judgment is reversed
and remanded for a new trial.