Pieper v. Neuendorf Transportation Co.

This appeal is taken from the trial court’s order vacating the jury verdict and granting a new trial. 1 We affirm the order.

The facts may be summarized as follows: Gilbert Pieper was employed as a mechanic and wrecker driver at Don’s Sunoco, Madison, a business owned and operated by Don Rolling. On September 3, 1974, Neuendorf Transportation Company delivered a 1,200 pound pipe bending machine to Don’s Sunoco. Neuendorf had informed Rolling prior to the delivery that Rolling would need equipment to unload the machine from the truck.

Rolling had planned to unload the machine with his wrecker.…