This section contains the nature of the case and procedural background.

Hildebrand (P) parked a bucket loader between two buildings to repair its steam steering ramp. The roads were partially blocked, and when told to move it elsewhere, P responded that he would be there only a little while. Minyard (D), ran into the rear of the loader with his tractor and caused the bucket loader to crush P. P's representative sued D for negligence. The jury was instructed that P impliedly assumed the risk. A verdict was given to D. P appealed.

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