Borenkraut v. Whitten

In this action for personal injuries, judgment was entered on a jury verdict in favor of defendants, and plaintiff has appealed. She has also attempted to appeal from the order denying her motion for a new trial, which order is not appealable. The main ground of the appeal from the judgment is that the trial court committed prejudicial error in the giving and refusing of certain instructions.

The facts are as follows: Plaintiff’s automobile stalled, and was pushed to defendants’ service station. The engine would not start, although there was gasoline in the tank. An attendant (Harryman)…