Latson v. J. Weingarten, Inc.

At a former day of this court the majority rendered judgment reversing the judgment of the trial court and remanded the cause. The writer entered his dissent to the conclusions and judgment of the majority.

As I am of the opinion that the statement made in the opinion of the majority of this court does not with sufficient clearness reflect the cause as made by the pleadings of the plaintiff and the proof made, I here submit my views as to the proper disposition of the appeal.

On October 24, 1932, J. Weingarten, Inc., was the owner of a department store in the city of Houston, known as store No.…