Waldreps Dairy Farm, Inc. v. Robinson

McDONALD, PARKER LEE, Associate Judge.

The plaintiff-appellee was an employee of the defendant-appellant. On the day of the accident he and a co-employee had been spreading fertilizer when it commenced to rain.

The co-employee was driving a tractor pulling a trailer loaded with the fertilizer. The plaintiff rode on the trailer. In attempting to back the trailer into a shed in order to get it out of the rain the trailer was “jack-knifed”. The plaintiff was asked by his co-employee to straighten the tongue of the trailer. The plaintiff dismounted, disconnected the trailer, picked up the tongue…