Briones v. Levine's Department Store, Inc.

Depicted here is one of four similar pictures which the trial court admitted in evidence over objections of appellants as set out in the opinion of Associate Justice O’Quinn.

*883

*884It is my opinion that the trial judge abused his discretion in admitting these photographs in evidence. They were taken lour years after the event. They were based upon the testimony of Mr. Lapinsky, store manager for appellee, that they correctly represented the scene at the time Mrs. Briones fell “as best you can remember as they were that day,” he (Mr. Lapinsky) was “not trying to say this is exactly like it was that…