Behymer v. Kimbell-Diamond Company

OPINION

NOBLE, Justice.

Ruth Behymer, plaintiff below, has appealed from a summary judgment dismissing her action against Kimbell-Diamond Company (hereafter referred to as Kim-bell). :

Plaintiff was in the Kimbell store to buy certain supplies for the Methodist Church. Kimbell operates a wholesale mercantile business. While plaintiff was standing in an aisle talking to the Kimbell salesman who had waited on her, another Kimbell employee placed a cart in such a position that it partly projected into the aisle and behind the plaintiff. The cart had a flat platform approximately three by five feet…