Payne v. F. W. Woolworth Co.

BOUTALL, Judge.

Plaintiff, Mrs. Marietta Payne, sues for damages caused by an injury received in defendant Woolworth’s store. The trial court rendered judgment in favor of defendants and plaintiff has appealed.

The facts show that Mrs. Payne entered Woolworth’s to eat lunch and buy some face powder. The lunch counter and the cosmetic counter are side by side, separated by an aisle. After eating lunch Mrs. Payne purchased the face powder and was leaving the store when she slipped on a jelly-like substance and fell. There is some controversy as to exactly what the substance was. Mrs. Payne did…