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ELLSWORTH BROTHERS TRUCK LINES v. MAYES

No. 5-4817.

438 S.W.2d 724 (1969)

ELLSWORTH BROTHERS TRUCK LINES et al., Appellants, v. S. Hubert MAYES, Jr., Admr., et al., Appellees.

Supreme Court of Arkansas.

March 24, 1969.

Attorney(s) appearing for the Case

Rose, Meek, House, Barron, Nash & Williamson, Little Rock, for appellants.

McMath, Leatherman, Woods & Youngdahl, Little Rock, for appellees Mayes and Wise County Bank.

Cockrill, Laser, McGehee, Sharp & Boswell, Little Rock, for appellee Heaggan.

JONES, Justice.

This is an appeal by Ellsworth Brothers Truck Lines and its truck driver, Herbert Roberts, from portions of an adverse judgment in an action for wrongful death brought in the Faulkner County Circuit Court by the personal representatives of Malloy and Adkins, who died instantly on April 10, 1967, in a highway collision in Faulkner County.

The facts revealed by the record are briefly these: Before daylight on April 10, 1967, the appellants' truck...

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