The complaint alleges that the plaintiff, the owner of certain property, contracted with Patterson to dig an eight-foot deep trench for a sewer line; that in the performance of said agreement a backhoe owned by Patterson was used by its agents and servants and that the said trench was not shored up. It further alleges that on January 3, 1964 while an employee of Patterson was operating the backhoe it came in contact with a metal object, afterward...
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