ALLEN v. F. W. WOOLWORTH CO.

No. 5285.

315 S.W.2d 612 (1958)

Dora Lee ALLEN and husband, Walter W. Allen, Appellants, v. F. W. WOOLWORTH CO., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied August 27, 1958.


Attorney(s) appearing for the Case

Gaither & Brewster, El Paso, for appellants.

Kemp, Smith, Brown, Goggin & White, Tad R. Smith, El Paso, for appellee.


FRASER, Justice.

Plaintiff, Dora Lee Wise (now known as Dora Lee Allen), in this case had entered the defendant's store as a customer, and, while in the store, stepped into some ice cream on the floor of the aisle. According to her deposition, she slipped and gave a little cry, attracting the attention of one of the clerks, who asked her if she had almost fallen. Plaintiff then informed the girl of the presence of the ice cream, stating that it ought to be cleaned...

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