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HEAVY HAULERS v. JONES

No. 36593.

304 P.2d 292 (1956)

HEAVY HAULERS, Inc., American Fidelity and Casualty Company, H. J. McKittrick and Lee C. Moore Corporation, Plaintiffs in Error, v. X. JONES, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied November 20, 1956.

Application for Leave to File Second Petition for Rehearing Denied December 11, 1956.

Attorney(s) appearing for the Case

R.D. Hudson, Tulsa, for Heavy Haulers, Inc., H.J. McKittrick and American Fidelity & Casualty Co., plaintiffs in error.

Rhodes, Crowe, Hieronymus & Holloway, and Philip N. Landa, Tulsa, for Lee C. Moore Corp., plaintiff in error.

Wesley Whittlesey, Sapulpa, Truman B. Rucker, Bryan W. Tabor, Gurney G. Cox and Joseph A. Sharp, Tulsa, for defendant in error.

PER CURIAM.

This action arose from an accident involving the loaded truck of the defendant, Heavy Haulers, Inc., and the plaintiff's pick-up truck. The two vehicles were meeting on a curve just outside Preston, Oklahoma, when, because of the negligent manner in which the truck was loaded, some of the steel floor plate loaded on the truck broke its boom chains and fell across the road and into the plaintiff's vehicle. When he observed the falling steel the plaintiff...

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