Legal Opinion

Sherwood v. Medical & Surgical Group, Inc.

Court of Appeals of Texas

Decided April 14, 1960No. 3730PublishedCited by 24 opinions

1Opinion of the Court

WILSON, Justice.

The trial court withdrew this “slip and fall” case from the jury at the close of plaintiff’s evidence, and rendered judgment for defendant. Plaintiff says this was error because the evidence raised a jury issue. The real question is whether the evidence, under familiar rules, raised any of the pleaded alternative issues that defendant put the foreign substance on which plaintiff slipped on the floor; or knew that it was on the floor, negligently failing to remove it; or that it had been on the floor long enough that it should have been dis covered and removed in the exercise…

2Cases cited5 opinions

  1. Springall v. Fredericksburg Hospital & ClinicCourt of Appeals of Texas · 1949
  2. Rogers v. CollierCourt of Appeals of Texas · 1949
  3. Dill v. Holt's Sporting Goods StoreCourt of Appeals of Texas · 1959
  4. Henderson v. Pipkin Grocery Co.Court of Appeals of Texas · 1954
  5. Del Camino Courts, Incorporated v. CurticeCourt of Appeals of Texas · 1959

3Cited by24 opinions

  1. Keetch v. Kroger Co.Texas Supreme Court · 1992
  2. Golden Villa Nursing Home, Inc. v. SmithCourt of Appeals of Texas · 1984
  3. Great Atlantic & Pacific Tea Company v. GilesCourt of Appeals of Texas · 1962
  4. Louis v. ParchmanCourt of Appeals of Texas · 1973
  5. HE Butt Grocery Company v. RussellCourt of Appeals of Texas · 1965

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API