J. C. Penney Co. v. Clark Ex Rel. Clark

BERRY, Justice.

On December 13, 1958, Mr. and Mrs. A. D. Clark entered plaintiff in error’s (hereafter referred to as “defendant”) retail mercantile store in Muskogee, Oklahoma, for the purpose of purchasing galoshes for defendant in error and her brother. While in the store Sharon fell from a stool used by defendant’s employees in fitting shoes on prospective purchasers. As a result of the fall, Sharon, who was born in April, 1955, received a fracture to her left thigh bone.

In this action Sharon seeks to recover from defendant damages attributable to the mentioned injury. The action is…