Meyer

In the Superior Court of the State of California in and for the County of Alame-da, appellee, Rosie Meyer, a citizen of California, brought an action against appellant, Sears, Roebuck & Company, a New York corporation, to recover damages in the sum of $35,000 for personal injuries suffered by appellee and allegedly caused by appellant’s negligence. Oil petition of appellant, the action was removed from the Superior Court to the United States District Court for the Northern District of California, Southern Division. There appellant answered, a jury trial was had, a verdict for appellee for $3,000 was returned, and a judgment was entered on the verdict. This appeal is from that judgment.

The principal question is whether the evidence warranted the verdict.

Appellant does not contend that the amount of the verdict ($3,000) was excessive, if the evidence warranted a verdict for appellee, but contends that the evidence did not warrant any verdict for appellee.

There was evidence to the following effect: At all pertinent times, appellant operated a retail merchandise store in Oakland, California, and maintained a parking lot and a driveway adjacent to the store, the driveway…