Green v. Kaesler-Allen Lumber Co.

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment entered summarily on the trial court’s own motion during a pretrial conference.

The plaintiff filed her petition which, omitting formal parts, stated:

“On the 19th day of August, 1964, plaintiff was a customer in the defendant’s store and had purchased a gallon of paint. That while leaving said store and coming down the outside step, plaintiff was caused to fall because of the negligence of the defendant.

“The fall and resulting injuries and damages to this plaintiff as hereinafter set forth were proximately…