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WEST TREE SERVICE, INC. v. HOPPER

No. 5-4477.

425 S.W.2d 300 (1968)

244 Ark. 348

WEST TREE SERVICE, INC., et al., Appellants, v. Carl D. HOPPER, Employee, Appellee.

Supreme Court of Arkansas.

March 18, 1968.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, Little Rock, for appellant.

Pearson & Pearson, Fayetteville, and Fitton & Meadows, Harrison, for appellee.

HARRIS, Chief Justice.

This is a Workmen's Compensation case. Carl D. Hopper, appellee herein, was, on December 22, 1965, an employee of West Tree Service, Inc., and was working with a tree-trimming crew near Bentonville, Arkansas, engaged in trimming trees and brush along a telephone company right-of-way. The crew consisted of five persons, including claimant and the foreman, Lee Perry. After eating lunch together, and before returning to work, Perry took a .22 rifle...

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