McDonald v. Joske's of Texas

POPE, Justice.

Plaintiff, E. L. McDonald and his wife, have appealed from a judgment rendered on an instructed verdict. The plaintiffs alleged that Mrs. McDonald slipped on some grapes while descending a stairway leading to the basement in defendant’s store. Plaintiffs asserted certain specific grounds of negligence. They stated that the defendant was negligent (1) in not removing or causing to be removed, some grapes that were on the steps of the stairway, and (2) in not exercising reasonable care in order to discover the presence of the grapes on the steps in question before plaintiff used…