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PHILLIPS v. ASHBY

No. 5-1765.

320 S.W.2d 260 (1959)

Russell PHILLIPS & Elizabeth C. Phillips, A Co-Partnership, d/b/a Phillips Motor Company, Appellants, v. Isaac ASHBY, Appellee.

Supreme Court of Arkansas.

February 2, 1959.

Attorney(s) appearing for the Case

Reid & Burge, Blytheville, for appellants.

Taylor & Sudbury, Blytheville, for appellee.

HARRIS, Chief Justice.

On the night of June 11, 1957, a truck belonging to Isaac Ashby, appellee herein, became stuck in the mud on a dirt road near Blytheville. Efforts to extricate the truck only succeeded in miring it deeper, and the Phillips Motor Company was requested to send a wrecker. The wrecker, driven by Carl Allbritton, after picking up Ashby and Olin Little, who was with Ashby, went to the location of the mired truck. In getting into position to extricate...

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