Safeway Stores, Inc. v. Joseph W. Dial

Defendant insists that, under the Erie doctrine, 1 this Court erred in holding that defendant’s negligent failure to inspect and keep the floor of its store free from broken glass is sufficient to support the judgment. It contends that the case of F. W. Woolworth Co. v. Goldston, Tex.Civ.App., 1940, 155 S.W.2d 830, writ of error refused for want of merit, 2 “holds directly and specifically to the contrary.” In that case there was no evidence that the storekeeper was responsible for the banana peel upon which the plaintiff slipped, while in this case there was evidence that bottles frequently…