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DOWELL, INC. v. LAYTON

No. 35639.

261 P.2d 885 (1953)

DOWELL, Inc. v. LAYTON.

Supreme Court of Oklahoma.

Rehearing Denied October 6, 1953.

Application for Leave to File Second Petition for Rehearing Denied October 20, 1953.

Attorney(s) appearing for the Case

Monnet, Hayes & Bullis, Oklahoma City, Ezra Dyer, Ardmore, for plaintiff in error.

Fischl & Culp, Ardmore, for defendant in error.

O'NEAL, Justice.

Upon the return of the verdict for the defendant, plaintiff filed a motion for a new trial which was sustained by the trial court. Plaintiff's petition is based upon the following allegations:

James R. Morris, an employee of Dowell, Inc., on February 26, 1951, at 8:00 a.m., was driving Dowell's truck north on State Highway 76 at a point approximately ten miles north of Healdton, Oklahoma, at which point the driver of the truck turned left...

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