Opinion
Decided July 16, 1923.
On general motion for a new trial. The record presents only a question of fact, peculiarly within the province of the jury: — whether the plaintiff when she received her injury was an invitee of the defendant, in a place where she was invited to go, as a prospective customer, and was injured through the negligence of the defendant, or was injured in a place to which she was neither invited nor expected to go, but went against the warning of defendant.
The evidence was conflicting; the jury found for plaintiff after a charge in which the presiding Justice clearly defined the rights of the plaintiff as a prospective customer and the duty of the defendant towards her, both while and if, according to her contention, she was in a part of the premises to which the public was invited and to which the defendant led the way, and when and if she went against his warning, as claimed by defendant, into a narrow space not provided for the public, not apparently open to them, and into which the public were neither expected nor invited to go.
Upon the evidence as disclosed by the record we cannot say that the verdict was manifestly wrong, and therefore are not justified in disturbing the finding of the jury. Motion overruled.
William B. Mahoney, for plaintiff.
Howard Davies, for defendant.