Holdridge

The plaintiff brought this action against defendants Drewes and Belaich for injuries sustained when she slipped and fell while stepping over a raised curb in front of residential property owned by defendant Drewes, after walking around a car parked across the sidewalk by defendant Belaich. After refusing to admit certain evidence, the court granted a defense motion for a nonsuit as to defendant Drewes at the close of plaintiff’s case. The jury returned a verdict in favor of plaintiff for $8,209.59 against defendant Belaich. Belaich has not appealed. Plaintiff appeals from the judgment of nonsuit in favor of the defendant Drewes.

The accident occurred on July 9, 1959 at about 9:30 p.m. Plaintiff was walking uphill on the left side of Buchanan Street, toward Green. Defendant’s property is located at 2910-2912 Buchanan, midway between Union and Green. Defendant Belaich’s automobile was parked across the sidewalk in the driveway of defendant Drewes’ building, where he was a tenant. The plaintiff, who was 62 years of age at the time, could not safely pass around the front end of the ear on the garage side. She therefore stepped into the street and walked around the rear end of the…