Wallace v. JC Penny Co., Inc.

Appellant, Mrs. Belva Wallace, sued appellee, J. C. Penny Company, Inc., for damages resulting from personal injuries received when she slipped and fell on the floor of the foyer, arcade or entrance-way to defendant’s store in Jackson. The jury returned a verdict for defendant. We have concluded that an instruction given defendant on assumption of risk was error, but not reversible error, because plaintiff has no cause of action and is not entitled to recover in any event.

On December 7, 1957, Mrs. Wallace and her 12 year old daughter, Virginia, were Christmas shopping. It had been raining-…