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CAREY v. FURRS, INC.

No. 8040.

455 S.W.2d 786 (1970)

O. R. CAREY and Wife Nora E., Appellants, v. FURRS, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 29, 1970.

Attorney(s) appearing for the Case

Huffaker & Green, and Gerald Huffaker, Tahoka, for appellants.

Crenshaw, Dupree & Milam, and Cecil Kuhne, Lubbock, for appellee.

JOY, Justice.

This is a slip and fall case brought for personal injuries. Trial was with a jury and from adverse judgment, plaintiffs have appealed. Affirmed.

Plaintiff, Nora E. Carey, and husband were shopping at defendant Furrs' grocery store with the use of a grocery cart. Upon approaching the check-out counter, Mrs. Carey remembered that she intended to purchase some bird seed. Upon returning to the check-out counter with that item Mrs. Carey stepped to...

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