Palmer v. Avco Distributing Corp.

On April 27, 1973, 11-year-old Bruce Allen Palmer and his brother accompanied Allen Miller and his two sons to. the Edward Kalvelage residence to borrow a bulk fertilizer spreader. The boys returned with Miller to his farm and helped him shovel fertilizer into the borrowed spreader, defendant Avco Distributing Corporation’s (hereafter Avco) Model 114. Miller began fertilizing. Some of the boys rode on top of the fertilizer inside the spreader.

The spreader was towed by a tractor operated by Miller. The spreader measured about 6Vz feet long, almost 8 feet wide and more than 6 feet high. At the…