Gilbert v. Pessin Grocery Co.

ASHBURN, J. pro tem. *

Appeal from judgment upon verdict for defendant in personal injury action. Plaintiff does not question the sufficiency of the evidence to sustain the verdict, but claims prejudicial error in (1) excluding certain evidence of a prior accident and (2) giving certain instructions and refusing others.

On October 11,1951, after dark, plaintiff Rose Gilbert drove into the parking lot behind defendant’s market building, which lot was maintained for the convenience of customers, and she was there as a prospective purchaser of some of defendant’s goods, a business invitee. The…