Spivey v. Great Atlantic & Pacific Tea Co.

The appeal is from a summary judgment, which dismissed a third-party complaint brought by the Great Atlantic & Pacific Tea Company against the Milwaukee Dressed Beef Company. The underlying action was commenced by Jimmie Spivey and his wife against the Great Atlantic & Pacific Tea Company as the result of a fall sustained by Spivey at the A & P warehouse in Milwaukee, to which he was making a delivery as an employee of Milwaukee Dressed Beef.

Although the principal action is not before us, it is apparent from the record that Spivey alleged that the A & P premises were slippery and hazardous as…