Green v. J. Weingarten, Inc.

GRISSOM, Chief Justice.

Kathryn M. Green slipped and fell when she stepped on a green onion stalk in J. Weingarten’s grocery store. She sued for damages suffered in the fall. There was testimony that the onion stalk was dirty and dark brown with black places on it and that it was an old brown onion stalk and that it did not appear fresh. At the close of plaintiff’s evidence, the court withdrew the case from the jury and rendered judgment for the defendant. The plaintiff has appealed.

Appellant contends that the evidence as to the appearance and condition of the onion stalk was such that it…