Plemmons v. Gary

ANDERSON, Chief Justice.

This is an original proceeding in which the relators seek a writ of mandamus to compel the Honorable Gordon D. Gary, Judge of the district court of the 60th Judicial District, to set aside certain orders of that court and render judgment in favor of relators on a jury’s verdict. Sears, Roebuck and Company (which will be hereinafter referred to as Sears) and H. C. Malone, a Sears’ employee, are also named as respondents.

Relators brought suit in the district court against Sears and Malone to recover damages for personal injuries Mrs. Plemmons sustained when she tripped…