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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