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BOTTOMS v. BOTTS

No. 38319.

349 P.2d 653 (1960)

Roy BOTTOMS, Plaintiff in Error, v. Earl P. BOTTS, Homer P. Hulme, and Thomas O'Dell, doing business as Botts, Hulme and O'Dell and Royal D. Hodge, Defendants in Error.

Supreme Court of Oklahoma.

February 9, 1960.

Attorney(s) appearing for the Case

Clem H. Stephenson, Seminole, and I. Jake Blevins, Ada, for plaintiff in error.

Duard C. Willoughby, Ada, and Fred M. Mock, and Lawrence E. Hoecker, Oklahoma City (Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, of counsel), for defendants in error.

BLACKBIRD, Justice.

Plaintiff in error was injured August 22, 1956, when he was caused to fall into a septic tank excavation, with a concrete floor, by a ready-mix concrete truck owned by the partnership of Botts, Hulme & O'Dell, one of the defendants in error, and operated by another defendant in error, Royal D. Hodge, backing into a "batter board" plaintiff in error was holding in front of him while standing in or on...

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