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McMILLIN v. BEARDEN

No. 5-3181.

376 S.W.2d 665 (1964)

Selden L. McMILLIN and Joe W. Burkett, Partners doing business under the Name and Style of McMillin-Burkett Construction Company, and George M. Morehead, Appellants, v. Henry Ellis BEARDEN and Roy Byrd, Appellees and Cross-Appellants.

Supreme Court of Arkansas.

Rehearing Denied April 13, 1964.

Attorney(s) appearing for the Case

Smith, Sanderson, Stroud & McClerkin, and Lowe, Moore & Webber, Texarkana, for appellants.

G. W. Lookadoo, Arkdelphia, Shaver, Tackett & Jones, Texarkana, for appellees.

HARRIS, Chief Justice.

Appellant, George Morehead, on May 1, 1962, was operating a caterpillar motor grader along a portion of what is known as the Boyd Road, located in Miller County. The grader was the property of appellant, McMillin-Burkett Construction Company, by whom Morehead was employed. The part of the Boyd Road pertinent to this cause was approximately ten or eleven miles in length, and was being used by gravel trucks to haul gravel from a pit near Genoa...

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