H. E. Butt Grocery Company v. Aline Bruner

This is a venue case. The Plaintiff slipped upon a green onion stalk and fell in the Defendants store. She brought this suit in McLennan County, where the store is located, for her damages. The Defendants controverted plea of privilege to be sued in Nueces County, the asserted county of its residence, was overruled. It appeals. The single question we must decide is whether the evidence is legally sufficient to support the finding implied in the judgment that the onion stalk had been on the floor of the store for such length of time that by the exercise of ordinary care the Defendant should have discovered and removed it. We hold the evidence is legally sufficient and affirm the trial courts judgment.