Durr

In this personal injury action, judgment on jury verdict was for defendant. Plaintiffs, a minor and her father, appeal.

*346 The minor plaintiff, then 7 years old, was seriously injured when a heavy iron gate fell on her. The gate was one of a pair at the entrance to a driveway, or service entrance, to a laundry. The gates were open, each pushed hack to the wall of the building from which it hung. Plaintiff backed against one of them, and it fell upon her. Action was brought against the laundry which owned and maintained the gates, and against respondent Jewitt, the operator of a drayage service. The laundry settled for $60,000, and the case was tried only as to respondent.

Plaintiffs sought to show that one of respondent’s trucks had negligently struck the gate shortly before the accident, breaking or weakening the pin which held it upright, and that the driver failed to report the incident or investigate the extent of the damage. Respondent denied that its truck had struck the gate, and this was the principal issue tried. In the more than 1,000 pages of reporter’s transcript, appellant points to three bits of cross-examination by respondent relating to striking of the gates by…