HAPPEL v. KENNICUTT

No. 39548.

376 P.2d 320 (1962)

Harold J. HAPPEL, d/b/a Admiral Paving Company, Plaintiff in Error, v. Mitchell KENNICUTT, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied November 28, 1962.


Attorney(s) appearing for the Case

Covington & Gibbon, A.M. Covington, James E. Poe, Tulsa, for plaintiff in error.

Dickey & Richard, By Joe Richard, Tulsa, for defendant in error.


BLACKBIRD, Vice Chief Justice.

Defendant in error, thereinafter referred to as plaintiff, was injured August 10, 1959, when the dump truck filled with sand, cement and gravel (referred to as a "batch" of cement mix) he had driven, and backed on to the "skip" or scoop of a "Rex Paver", or paving machine, was raised several feet into the air on the skip, and suddenly dropped, when the skip dropped to the ground.

The truck, the paver, and plaintiff's services...

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