James Kiernan and Mary Kiernan v. Gerald Van Schaik, T/a Van's Atlantic Station

FREEDMAN, Circuit Judge.

This is a suit for damages arising out of a fall on the sidewalk entrance to defendant’s gas station. There have been two trials; at the first trial the jury disagreed and on the second trial some months later before the same judge a verdict was returned for the defendant. Plaintiffs unsuccessfully sought a new trial on the sole ground that the verdict was against the weight of the evidence.

On this appeal plaintiffs make no complaint against the denial of their motion for new trial, but assign as error the trial judge’s rejection of the questions they submitted to him…