Roberts

This is an appeal from a judgment in favor of the defendants, rendered on a jury verdict in an action for personal injuries sustained by a tenant, plaintiff Lola Roberts, who tripped over a rug in the common hallway of an apartment house owned and operated by the defendants. It is argued on appeal that the trial court erroneously withheld certain evidence from the jury and erred in certain of its instructions to the jury.

The appeal is on a settled statement which reveals the following facts: Defendants Josephine E. Patterson * and Oliver A. Fox were the owners of the Carlson Apartments located at 138 Carlson Avenue in Richmond. Under an agreement between the owners and defendants, Maurice and Louis Hammond, defendant Joyce Hammond and her husband Louis took over the management of the Carlson Apartments, a T-shaped building containing 40 units, located on an irregular corner, bounded on the south by Center Street; on the west by Carlson Avenue; and on the north by Ohio Street. The bottom (north) of the perpendicular portion of the T is closest to Ohio Street. The corner formed by Carlson and Ohio Streets is a surfaced parking lot for the tenants of the building. At the junction…