J. C. Penney Co. v. Berry

Hall, Judge.

The defendant in this case assigns error on the judgment of the trial court overruling its general and special demurrers to the plaintiff’s petition. Held:

The first count of the petition alleged: The plaintiff was a *664customer in the .defendant’s retail store and fell and was injured because as she descended the flight of stairs from the second to the first floor, her shoe stuck to a large wad of chewing gum. A high side wall and a turn in the stairway prevented the plaintiff from seeing the chewing gum before she stepped on it, and in the exercise of ordinary care she could not…