Holmes v. JC Penney Company

382 S.W.2d 472 (1964)

Cardell HOLMES and Savannah Holmes, Petitioners,

v.

J. C. PENNEY COMPANY, Inc., Respondent.

No. A-10185.

Supreme Court of Texas.

July 29, 1964.

Rehearing Denied October 21, 1964.

Leachman, Gardere, Akin, Porter & DeHay, Ralph Hartman and Edward E. Crowell, Jr., with above firm, Dallas, for petitioners.

Thompson, Knight, Wright & Simmons, Pinkney Grissom, Jerry P. Jones and John A. Gilliam, with above firm, Dallas, for respondent.

CULVER, Justice.

Mrs. Savannah Holmes alleged that in descending a stairway in the J. C. Penney Company's store at McKinney, Texas, by reason of the…