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LAMBERT v. MARKLEY

No. 73-144.

503 S.W.2d 162 (1973)

Mrs. Joel LAMBERT, d/b/a Lambert Seed Company, Appellant, v. J. D. MARKLEY and Marie Markley, Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 28, 1974.

Attorney(s) appearing for the Case

Kirsch, Cathey & Brown, Paragould, for appellant.

Branch, Adair & Thompson, Paragould, for appellees.

BYRD, Justice.

Appellant, Mrs. Joel Lambert, d/b/a Lambert Seed Company, used a two-ton Dodge truck equipped with a "cheater" axle1 in the operation of her seasonal seed business. While the truck was being driven along the highway near a railroad siding running parallel thereto, the right rear duals from the "cheater" axle became detached, rolled across the ground between the highway and the railroad siding and struck appellee, J. D. Markley...

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