Gary v. Parker

Plaintiff Willie Lee Gary appeals from the action of the Court in directing a verdict for defendants at the close of- her proof in chief, on the ground of proximate contributory negligence.

Plaintiff sustained the injuries for which she sues on April 28, 1962, when the floor in the kitchen of the apartment she was renting from defendants gave way or broke through.

The declaration charges, and the proof shows, that about six weeks before the accident plaintiff noticed that floor was weak and a number of times thereafter told defendants ’ agent of this condition. The agent repeatedly promised to…