J. Weingarten, Inc. v. Brockman

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

This suit was brought by L. E. Brockman and wife Cora Lee Brockman, defendants in error, against J. Weingarten, Inc., a private corporation, plaintiff in error, for damages for personal injuries sustained by Mrs. Brockman when she fell on a concrete surface near the store of plaintiff in error. When defendants in error rested their case the trial judge, in response to a motion by the plaintiff in error, peremptorily instructed the jury to return a verdict that they take nothing, and judgment to that effect was…