Reed v. Carlyle & Martin, Inc.

202 S.E.2d 874 (1974)

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Reed v. Carlyle & Martin, Inc.

Supreme Court of Virginia
202 S.E.2d 874 (1974)

SC

Facts

Grayson Reed (plaintiff) worked on a farm. The farm owner purchased a livestock feed wagon that contained two exposed, revolving beaters that helped to disperse livestock feed onto a conveyor belt. The beaters consisted of metal rods and spikes. Reed and his colleague, Moten, were tasked with unloading feed from the wagon. Rather than use a pitchfork to unload the feed onto the ground, as did Moten, Reed decided to unload the feed directly onto the beaters, which had remained in operation. In doing so, Reed slipped and fell into the beaters, causing injury. Reed had been a farmer for his entire life and was familiar with the operation of the wagon. Reed brought suit against the seller, Carlyle & Martin, Inc. (Martin), the manufacturer of the wagon, Grove Manufacturing Company, and the repairer of the equipment, Carlyle & Anderson, Inc. (defendants). The defendants moved for summary judgment on the ground that Reed was contributorily negligent. The trial court granted the defendants’ motion. Reed appealed.

Rule of Law

Issue

Holding and Reasoning (Carrico, J.)

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