Hersh v. H. E. Butt Grocery Co.

BARROW, Justice.

This is a “slip and fall” case. The trial court granted defendant’s motion for summary judgment and rendered a take nothing judgment against plaintiffs. Defendant’s motion for a summary judgment was based on the proposition that, from the record before the court, consisting of the pleadings in the case, the depositions of four of defendant’s employees and the affidavits and depositions of plaintiffs, Max *176Hersh and wife, Bernice Hersh, and Mrs. Hersh’s sister, Sarah Surtees, there was no genuine issue of material fact and that it is entitled to judgment as a matter of law.

Mrs.…