Trewhitt

The plaintiff commenced an action against the defendants to recover a judgment for damages. The defendants answered and a trial was had in the lower court before the court sitting with a jury. The jury returned a verdict in favor of the plaintiff and a judgment was entered thereon. The defendants moved for a new trial on all the statutory grounds; the motion was denied. There after the defendants appealed from the judgment under section 953a of the Code of Civil Procedure.

The appellants present several points, each of which they claim would support a reversal, but in the view that we take of the record it will be unnecessary to consider anything except the claim that the evidence is insufficient to justify the verdict and that the trial court erred in refusing to give one of the instructions requested by the appellants. We will take those points up in the order stated, but before doing so it is necessary to make a statement of facts.

The plaintiff is a corporation engaged in conducting a grocery store in the city of Fresno. It also maintains a warehouse, which is located on Fulton Street a short distance south of Los Angeles Street. Back of the warehouse on the eastern side is…