Martin v. Handy-Andy Community Stores, Inc., of Texas

DAWKINS, District Judge.

On Monday, August 16, 1951, Nancy Martin and her husband, Donald, were awaiting their turn to be checked out at the checking counters in a large grocery store operated by Handy-Andy Commu nity Stores, Inc., (herein called Handy-Andy) in San Antonio, Texas. Suddenly, a portion of the plaster ceiling fell upon Mrs. Martin and other customers.

At the time of the occurrence the building occupied by Handy-Andy was leased from its owner, National Bank of Commerce (herein called Bank), which held the property as Trustee under the wills of W. G. and Mary Higgins. Mrs. Martin,…