Moss v. Safeway Stores, Inc.

McCORD, Circuit Judge.

Fanny F. Moss, appellant, brought this suit against Safeway Stores, Inc., a corporation organized under the laws of the State of Maryland, to recover damages for personal injuries sustained when she fell in a grocery store owned and operated by' appellee in Austin, Texas.

The sole question confronting us for determination is whether the trial court properly instructed a verdict for the defendant, on the theory that there was no substantial evidence which would warrant submission of the case to the jury.

Appellant testified that on the morning of the accident she went to…