Lambert v. Great Atlantic & Pacific Tea Company

Calhoun, Judge:

This case involves a civil action for wrongful death instituted in the Circuit Court of Marion County by Agnes Lambert, administratrix of the estate of her deceased husband, Robert Lee Lambert, against The Great Atlantic & Pacific Tea Company (which hereafter in this opinion will be referred to as A & P), Jerry Stuthers and Agnes Lambert as defendants. From a final judgment rendered on a jury verdict in favor of A & P and Stuthers, defendants, on a second trial of the case, the plaintiff administratrix has been granted the appeal to this Court.

On November 14, 1964, while Robert…