HERSH v. H. E. BUTT GROCERY COMPANY

No. 13625.

338 S.W.2d 174 (1960)

Max HERSH et ux., Appellants, v. H. E. BUTT GROCERY COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied August 31, 1960.


Attorney(s) appearing for the Case

Emanuel Gassman, San Antonio, for appellant.

Eskridge, Groce & Hebdon, San Antonio, for appellee.


BARROW, Justice.

This is a "slip and fall" case. The trial court granted defendant's motion for summary judgment and rendered a take nothing judgment against plaintiffs. Defendant's motion for a summary judgment was based on the proposition that, from the record before the court, consisting of the pleadings in the case, the depositions of four of defendant's employees and the affidavits and depositions of plaintiffs, Max

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