Payne v. Murphy Hardware Co.

On June 2, 1974, plaintiff, William C. Payne, rented a rototiller from defendant, Murphy Hardware Co., Inc., for the purpose of tilling a plot of ground upon which he intended to plant a garden. During the course of the rototilling operation plaintiff fell and injured his back. A jury trial was conducted but at the close of all the evidence the trial court directed a verdict in favor of defendant on the theory that plaintiff was contributorily negligent. Plaintiff appeals, claiming that the trial court erred in the following ways: (1) directing a verdict in favor of defendant; (2) allowing…