Great Atlantic & Pac. Tea Co., Inc. v. Wilson

NEAL, Judge.

STATEMENT OF THE CASE

This is an appeal by defendant-appellant The Great Atlantic & Pacific Tea Company, Inc. (A&P) from an adverse judgment against both A&P and PH&T Realty Corporation (PH&T) awarding damages for personal injuries to plaintiff-appellee Leslie Wilson (Wilson). PH&T does not appeal, but has filed a brief in support of the judgment against A&P.

We reverse.

FACTS

The facts necessary for decision in this case are not materially disputed and are as follows: On January 26,1959, A&P entered into an agreement with PH&T by the terms of which PH&T would construct a store…