Kubik v. Farmers Union Oil Company of Reliance

HANSON, Justice.

This is an action for damages for personal injuries alleged to have been sustained by plaintiff, Joe Kubik, while loading a bottle of propane gas into his pickup from the loading dock of the defendant, Farmers Union Oil Company of Reliance, South Dakota. A verdict was rendered in favor of plaintiff and defendant appeals from the judgment and order denying its motion for judgment notwithstanding the verdict.

Plaintiff Kubik is a 46-year-old farmer and rancher. On November 28, 1969 he purchased a tire at the Farmers Union Oil Company in Reliance. After the sale was completed…