Nigro

Plaintiff appeals from an adverse judgment entered on a jury verdict in an action for damages for personal injuries.

On June 3, 1960, plaintiff Frank Nigro, 77 years of age, went to defendant’s place of business to buy compost for his garden. He had been there on several previous occasions. This was his second trip on the above date. The compost ivas spread out over a portion of the defendant’s property in order to dry. To purchase compost, customers first went to the main office of the plant, paid for the desired amount, and received a slip or receipt which they took to the drying area where their vehicles were loaded. Such loading was usually done near the compost stockpile at points designated by employees in attendance. There were no signs or warnings restricting the customers to any particular area. On the day of the accident here involved plaintiff followed the above procedure.

Having paid for the compost, plaintiff drove his panel truck and trailer to the vicinity of the compost stockpile, parked his vehicle and went up to defendant’s employee Hathaway who was discing some of the compost with a Fordson tractor. Hathaway finally stopped his tractor by a bucket loader and…