Action to recover damages for personal injuries claimed to have been sustained by plaintiff by reason of the alleged negligence of defendant, plaintiff's daughter, in the maintenance on defendant's property of a wire which caused plaintiff to fall. The Trial Justice set aside a verdict for plaintiff and ordered a new trial because the jury was permitted to determine, on the evidence, that plaintiff was a business visitor and not a licensee. Order setting aside verdict, insofar as appealed from, unanimously affirmed, with costs. The plaintiff was a social visitor and not a licensee. ( Roth v. Prudential Life Ins. Co. of America, 266 App. Div. 872; Comeau v. Comeau, 285 Mass. 578; Restatement, Torts, §§ 331, 332.) Order denying plaintiff's motion for permission to serve a second amended complaint unanimously affirmed, with $10 costs and disbursements. There was no abuse of discretion in the refusal to permit plaintiff to serve a second amended complaint alleging matters purely of evidence.