District Court, W.D. Oklahoma December 15, 1964, Civ. No. 64-147 (Fleming v. Allied Supermarkets, Inc.)

DAUGHERTY, District Judge.

On May 4, 1962, the plaintiff, Charlotte Blanche Fleming, while a business invitee in the store of the defendant in Shawnee, Oklahoma, was struck by a grocery pushcart and knocked to the floor. The cart was being pushed by a five-year-old child. His two-year-old sister was riding in the basket portion of the push-cart.