J. C. PENNEY COMPANY v. CLARK

No. 39303.

366 P.2d 637 (1961)

J. C. PENNEY COMPANY, a corporation, Plaintiff in Error, v. Sharon CLARK, a minor, by her next friend, father and natural guardian, A. D. Clark, Defendant in Error.

Supreme Court of Oklahoma.

November 21, 1961.


Attorney(s) appearing for the Case

Hudson, Hudson, Wheaton & Kyle, Tulsa, for plaintiff in error.

Joe H. Kennedy, Muskogee, for defendant in error.


BERRY, Justice.

On December 13, 1958, Mr. and Mrs. A.D. Clark entered plaintiff in error's (hereafter referred to as "defendant") retail mercantile store in Muskogee, Oklahoma, for the purpose of purchasing galoshes for defendant in error and her brother. While in the store Sharon fell from a stool used by defendant's employees in fitting shoes on prospective purchasers. As a result of the fall, Sharon, who was born in April...

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