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HINER v. HUBBARD

Docket No. 22677.

240 Cal.App.2d 63 (1966)

49 Cal. Rptr. 157

MEREDITH HINER, Plaintiff and Appellant, v. MARIE HUBBARD et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

February 8, 1966.

Attorney(s) appearing for the Case

William J. Scammon for Plaintiff and Appellant.

Stephen J. Dimeff and D.W. Brobst for Defendants and Respondents.

DEVINE, J.

Appellant fell while she was ascending a flight of stairs. She brought this action, unsuccessfully, against her landlords. The stairs were for the common use of all of the tenants. Appellant makes three points.

[1] 1. Should res ipsa loquitur instruction have been given?

The answer is No. The evidence shows that appellant was carrying a parcel of groceries in one arm, was holding a

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