Myers v. Lennox Co-Op. Ass'n

WOLLMAN, Chief Justice.

This is an appeal from a summary judgment of the trial court in a personal injury action. We affirm.

Appellant operates a garbage hauling business in the city of Lennox, South Dakota. Pursuant to an oral agreement, appellant rents a garbage receptacle to appellee, which he empties twice a week. Although usually he was assisted by an employee, on the day of the accident, appellant went alone to pick up appellee’s garbage.

As appellant was backing his truck to a point in front of the receptacle, he observed some lumber piled in front of the receptacle. The lumber, which…