Wilkinson v. Stop & Shop, Inc.

This is an action of tort to recover for personal injuries caused by the fall of a ladder which plaintiff claims was negligently allowed to lean against a wall abutting an aisle in defendant’s store, the wall not being part of defendant’s premises nor under its control. Defendant answered general denial* contributory negligence, assumption of risk, and statute of limitations.

The case was heard December 15, 1964. A decision in favor of plaintiff was rendered April 13, 1966.

*104A draft report was filed which was disallowed. The report was eventually established by this Division.

We take up first,…