Burke Enterprises, Inc. v. Mitchell

OPINION OF THE COURT

This is an appeal from a judgment entered on a jury verdict in favor of respondent, Stanley Mitchell, in the sum of $17,-955.76 for personal injuries he sustained while operating a two man, gasoline powered, post hole digger which he had rented from the movant, Burke Enterprises, Inc., d/b/a Burke Rental Center.

On September 12, 1980, Mitchell was in the process of building a backyard fence. A neighbor suggested he rent a post hole digger. He located the subject machine at Burke Rental Center (“Burke”), and went with his neighbor to get it.

The post hole digger was equipped…