This section contains the nature of the case and procedural background.

Murphy (P) alleged that he was injured when he slipped and fell on an area of walk wherein water from an air conditioner has been allowed to accumulate. P claimed that he was seriously injured from his fall. Holiday Inns (D) filed grounds of defense and a motion for summary judgment; it had no relationship with regards to the operator of the premises other than a license to allow that operator to use the name Holiday Inn. The licensee was Betsy-Len Motor Corporation (D1). The court found that D did not own the premises and that there was no master-servant relationship nor that of a principal agent. D got the summary judgment and P appealed.

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