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J. WEINGARTEN, INC. v. GAUTHIER

No. 6105.

305 S.W.2d 181 (1957)

J. WEINGARTEN, Inc., Appellant, v. Joseph J. GAUTHIER et ux., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied September 18, 1957.

Remittitur Filed September 24, 1957.

Attorney(s) appearing for the Case

Marcus, Weller & Evans, Beaumont, for appellant.

Keith, Mehaffey, McNicholas & Weber, Beaumont, for appellee.

HIGHTOWER, Justice.

The suit was to recover damages for personal injuries sustained by Helen Gauthier, while a business invitee in a retail grocery store operated by appellant, J. Weingarten, Inc., in Port Arthur, Jefferson County, Texas. She was joined by her husband, Joseph Gauthier. Appellees' cause was pitched on the doctrine of res ipsa loquitur.

The petition alleges that on September 19, 1955, the appellee entered appellant's store and made purchases...

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