J. Weingarten, Inc. v. Nallie

I concur in the affirmation of this case only because the defendant (our appellant) has not discharged the burden placed upon him by the doctrine enunciated in The Englander Company v. Kennedy, 428 S.W.2d 806, 807 (Tex.1968): “The burden is upon a party appealing from a trial court judgment to show that the judgment is erroneous in order to obtain a reversal.”

The trial court’s judgment rested upon two findings of negligence proximately causing the injury and damage: (a) failure to remove the beans and water from the floor and (b) failure to warn of the presence of the beans and the water on…