Buttrey Food Stores Division v. Coulson

ROONEY, Justice,

dissenting in part and concurring in part, with whom RAPER, Chief Justice, joins.

I concur with the result of the majority opinion on all issues except the reversal and remand for determination of costs. On that issue, I dissent.

My concurrence with the result, however, is only because evidence was here submitted making an issue of fact as to the existence of “actual knowledge of the danger” and the “ability to discover it by use of reasona*556ble care.” Evidence of the size of the puddle, its visibility from the checkout stand and the actual knowledge of it by a “sack-er” employee…