Kimbell, Inc. v. Hernandez

I respectfully dissent. In 1949, Justice Norvell, writing for the San Antonio Court of Civil Appeals in H. E. Butt Grocery Co. v. Johnson, 226 S.W.2d 501 (writ ref’d n. r. e.), said that in order to establish liability against the defendant operator of a store in a slip and fall case that it was necessary to show:

“1. That the defendant put the foreign substance upon the floor, or,

“2. That the defendant knew the foreign substance was on the floor and wil-fully or negligently failed to remove it, or

“3. That the foreign substance had been upon the floor for such a period of time that it would…