HUNTER, J.
This action was instituted by the guardian of a 5-year-old boy, Tommy Ward, to recover for injuries sustained by said minor while riding on defendant's escalator.
In the early evening of August 21, 1961, Tommy Ward and his older brother, age seven, and their mother visited the shoe department of defendant (respondent) J.C. Penney's downtown Seattle store. While their mother was being fitted with a pair of shoes, the two boys left and proceeded to...
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