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CAGLE v. CARR

1 CA-CIV 139.

3 Ariz. App. 285 (1966)

413 P.2d 795

Barney CAGLE and Ray Cagle, dba Cagle Bros. Trucking Service, and Manuel Torris, Appellants, v. John CARR, Appellee.

Court of Appeals of Arizona.

Rehearing Denied June 6, 1966.

Review Granted July 5, 1966.

Attorney(s) appearing for the Case

Lutich, D'Angelo & Wilson, by Richard A. Wilson, Phoenix, for appellants.

Dean Scott, Phoenix, for appellee.

STEVENS, Chief Judge.

John Carr was the plaintiff in the Superior Court in an action for damages resulting from the fact that his backhoe was thrown from a trailer while being towed by a Cagle tractor on the downgrade of a steep and winding road. The backhoe was a piece of construction equipment which was used by the plaintiff in his work digging ditches for water pipe and similar installations. The machine is described in Websters's as follows:

"an excavating...

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