Safeway Stores, Inc., of Texas v. Rutherford

FUNDERBURK, Justice.

Pauleta Rutherford, a minor, by her mother, Mrs. Abby Rutherford, as next friend, brought this suit against Safeway Stores, Inc., of Texas to recover damages for a personal injury. The injury consisted of a cut upon the little girl’s ankle and the effects thereof, the immediate cause of which was the breaking of a glass bottle which fell from the top of a refrigerator in defendant’s store. Plaintiff was in the store for the purpose of purchasing a bottle of. milk *1057kept in the refrigerator. As she approached the refrigerator another customer, having taken a bottle of milk…