J. Weingarten, Inc. v. Anderson

STEPHENSON, Justice.

This is a slip and fall case. Judgment was rendered for plaintiff on the jury verdict. The parties will be referred to here as they were in the trial court.

As we said in Swan v. Kroger Company, 452 S.W.2d 793 (Tex.Civ.App., Beaumont, 1970, error ref., n. r. e.), the law in this state is well settled as to the necessary allegations and proof in order to establish liability against the store operator for an injury received from a fall because of a foreign substance upon the floor. The landmark case is H. E. Butt Grocery Co. v. Johnson, 226 S.W.2d 501, 502 (Tex.Civ.App., San…