HE Butt Grocery Company v. Kirkwood

SHARPE, Justice.

This is an appeal from a judgment overruling appellant’s plea of privilege. The parties will sometimes be referred to as in the trial court, i. e., Mrs. Ora Kirkwood, joined by her husband, as plaintiff, and H. E. Butt Grocery Company, a corporation, as defendant.

This is a “slip and fall” case in which plaintiff seeks damages for injuries allegedly sustained on January 17, 1963, when, she stepped in a puddle of water on the floor and fell in one of defendant’s grocery-stores located in Victoria, Texas. Plaintiff relies upon exceptions 9a and 23 of Article 1995, Vernon’s…