Colton v. Great Atlantic & Pacific Tea Co.

SHANNON, Chief Judge.

The plaintiff below seeks reversal of a summary final judgment in a negligence action wherein damages were sought for injuries sustained by the plaintiff during the course of his employment with defendant below, appellee here.

Plaintiff, Colton, was employed by the defendant corporation as a checker, but had been shifted, before the accident, from checker to stock clerk. On the date of the accident, plaintiff had been told to replace or repair a broken paper tape in one of the cash registers. To accomplish this task, plaintiff alleged it was necessary for him to lean…