SHERWOOD v. MEDICAL & SURGICAL GROUP, INC.

No. 3730.

334 S.W.2d 520 (1960)

Mrs. Robbie D. SHERWOOD, a Widow, Appellant, v. MEDICAL & SURGICAL GROUP, INC., a Corporation, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 28, 1960.


Attorney(s) appearing for the Case

Henry W. Flagg, Galveston, for appellant.

McLeod, Mills, Shirley & Alexander, Galveston, Fulbright, Crooker, Freeman, Bates & Jaworski, W. N. Arnold, Jr., Houston, for appellee.


WILSON, Justice.

The trial court withdrew this "slip and fall" case from the jury at the close of plaintiff's evidence, and rendered judgment for defendant. Plaintiff says this was error because the evidence raised a jury issue. The real question is whether the evidence, under familiar rules, raised any of the pleaded alternative issues that defendant put the foreign substance on which plaintiff slipped on the floor; or knew that it was on the floor, negligently failing...

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