Midgett v. Mastropoalo

Plaintiff’s son, who had rented a luggage trailer from defendant, went to defendant’s premises in company with plaintiff to return the trailer. When they arrived, they found defendant’s place of business closed and the premises in darkness. There was proof, which the jury could have credited, that the trailer was being returned at that time pursuant to defendant’s request. Plaintiff, who had waited near a fence on the premises while his son looked for a place to leave the trailer, fell into a grease pit near the fence as he was proceeding to join his son in response to a call from him.…