H. E. Butt Grocery Co. v. Bruner

I respectfully dissent.

The plaintiff’s testimony in full regarding the nature and appearance of the object she slipped on is as follows:

“Q. Now, do you know for sure of your own personal knowledge what you stepped on?

“A. I couldn’t swear to it, but it looked like ... It was about that *345long and juicy. (Indicating). And I can’t think of anything that looked like that except a green onion top.

“Q. What color was it?

“A. Green.

“Q. Okay. And you’ve seen onion tops many times?

“A. Well, I’ve topped a-many of them, I know.

“Q. Okay. And what you saw, was there just one individual onion stalk?

“A. It was.

“…