Westray v. Center

CULLEN, Commissioner.

During the course of an auction sale at a public auction house Mabel G. Westray, a patron, was injured when a portable television set fell from a bed onto her foot. In her suit for damages against the proprietor of the auction house the jury returned a verdict awarding her $5,000, but the trial court entered judgment n. o. v. dismissing her claim. She has appealed from that judgment.

The evidence for Mrs. Westray was that the television set had been standing on a table; it was picked up, displayed and sold, and then the auctioneer’s assistant “tossed” it onto a bed, where…