The function of the comb plate was to remove the feet of passengers from the belt as they reached the basement floor, and thus to place them safely on the floor of the basement. The spaces between the teeth of the comb plate were sufficiently narrow so that the feet of passengers upon the belt could not enter the apertures between the teeth. This plate had eight teeth (fingers, prongs, or tines) between which passed the ribs of the descending cleats.
The belt upon which the passengers rode had cleats upon its upper surface, and where the belt passed into and through the floor of the basement there was a metal plate referred to as a comb plate. This was a device consisting of an endless belt passing from the first floor to the floor of the basement. For the convenience of patrons who desired to descend from the first floor to the basement, the defendant operated an escalator or moving stairway. Louis, Mo., known as Famous & Barr Company. On April 5, 1928, the defendant was the proprietor of a department store in St. The appellee will be referred to as the plaintiff, and the appellant as the defendant, as in the court below. This appeal is from a judgment entered upon the verdict of the jury in an action brought by the appellee against the appellant to recover for personal injuries. Louis, Mo., on the brief), for appellee.īefore GARDNER and SANBORN, Circuit Judges, and NORDBYE, District Judge. Louis, Mo., on the brief), for appellant. 61 F.2d 830(1932) MAY DEPARTMENT STORES CO.Ĭircuit Court of Appeals, Eighth Circuit.
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