Crystal Palace Co. v. Nelson

(after stating the facts as above). On the theory that the evidence did not warrant a finding that negligence charged against it was the proximate cause of the injury to appellee, appellant requested the trial court to instruct the jury to return a verdict in its favor, and in its first assignment of error complains here because the court refused its request. The argument in support of the assignment is based on appellee’s testimony as a witness as to how the accident happened. She said:

“I was swinging on the'rings right above the pool, and I slipped, and in my fall I struck the broken tile…