PARKER FOOD STORES, INC. v. PIERCE

No. 16464.

374 S.W.2d 699 (1964)

PARKER FOOD STORES, INC., Appellant, v. L. V. PIERCE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 7, 1964.


Attorney(s) appearing for the Case

Jackson, Walker, Winstead, Cantwell & Miller, W. B. Patterson and Jack Pew, Jr., Dallas, for appellant.

Mock, Banner & McIntosh, and Jack Banner, Wichita Falls, for appellee.


LANGDON, Justice.

This is a personal injury suit.

Appellee, a customer of appellant's store, brought this suit for injuries sustained when he slipped on a purple ball point pen that was lying on the floor in the aisle of the store. The jury found that appellant's employees did not drop the pen in the aisle and that appellant was not negligent in failing to discover and remove it. The only other liability issues submitted appellee's theory that appellant "...

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