Pomerantz v. Bryan Motors, Inc.

Plaintiff's automobile having need of mechanical improvement, he left it with defendant’s service department. Upon his return several hours later he engaged in conversation with the mechanic who had made the repairs. While the workman was explaining that he had installed a new fuel pump he dropped the old one upon plaintiff’s great toe. Judgment was entered upon the verdict for plaintiff from which comes this appeal.

Appellant assigns as error the court’s ruling which excluded evidence of appellant’s maintenance of a waiting room for customers in order that it might argue that respondent as a…