H. E. B. FOOD STORES, INC. v. WARNCKE

No. 14802.

444 S.W.2d 954 (1969)

H. E. B. FOOD STORES, INC., Appellant, v. Irene WARNCKE, Appellee.

Court of Civil Appeals of Texas, San Antonio.

September 17, 1969.


Attorney(s) appearing for the Case

Groce, Hebdon, Fahey & Smith, Damon Ball, San Antonio, for appellant.

James R. Warncke, San Antonio, for appellee.


KLINGEMAN, Justice.

This is an appeal from an order overruling defendant's, H. E. B. Food Stores, Inc., plea of privilege in a suit to recover damages allegedly sustained by plaintiff, Mrs. Irene Warncke, as a result of a fall over a Christmas tree stand while she was a customer at defendant's store in Bexar County, Texas. Venue was maintained in Bexar County under Subd. 9a, Art. 1995, Vernon's Ann.Civ.St., after a non-jury trial.

Defendant asserts that there...

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