Furr's Super Market v. Garrett

I respectfully dissent. No court in this State has ever held that an occupier of premises is charged with constructive knowledge of a foreign substance on a floor where, as the majority opinion concludes, “there is no evidence of the length of time that the [foreign] substance had been on the floor, * *

In 1949, Justice Norvell, writing for the San Antonio Court of Civil Appeals in H. E. Butt Grocery Co. v. Johnson, 226 S.W.2d 501 (writ ref’d n.r.e.), said that in order to establish liability against the defendant operator of a store in a slip and fall case, it was necessary to show:

1. That…