Huselton

The plaintiff and appellant, Elsie Huselton, brought this action to recover damages for personal injuries suffered by her when she fell on May 21, 1959, upon premises controlled by the defendants and respondents. The action was tried before a jury; a motion for a directed verdict was denied, and the jury brought in a verdict in favor of the plaintiff. The defendants then moved for a judgment notwithstanding the verdict, or in the alternative for a new trial, in accordance with the provisions of section 629, Code of Civil Procedure. The court granted the motion for judgment notwithstanding the verdict and also granted the motion for new trial; the latter order, however, being upon condition that it would not be effective unless the judgment notwithstanding the verdict was vacated. The plaintiff appeals.

The facts involved are that the respondents held title as trustees to property in the City of Ontario, upon which was located the “Country Church.” Mr. Underhill acted as the minister of that church. No question is raised as to the status of the Underhills as being the parties responsible for the premises in question.

The church building faces Virginia Street in Ontario and…