H. E. Butt Grocery Company v. Aaron H. Russell and Wife

Plaintiff, a customer, recovered judgment for personal injuries in this ""slip and fall"" case based on jury findings that she slipped on lettuce on the floor of defendant's grocery store; that defendant ""knew that food was likely to get on the floor"" at any moment during rush hours; and that defendant's failure to inspect the floor in the area ""as often as same would have been inspected by a person of ordinary prudence under the same or similar circumstances"" was a proximate cause of plaintiff's injuries. The first 22 of defendant's 73 points present the contentions that there is no evidence it placed the lettuce leaf on the floor, or knew it was there; that there is no evidence the leaf was on the floor for such length of time that defendant could or should have discovered it. There is no such direct evidence; consequently, defendant says there is no showing it failed to exercise ordinary care in inspecting the premises. Plaintiff's answer is that circumstances show the lettuce was on the floor for a sufficient length of time that constructive notice is established.