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COOPER v. DIESEL SERVICE, INC.

No. 73-61.

496 S.W.2d 383 (1973)

Willie COOPER, Special Administrator of the Estate of Eddie James Cooper, Deceased, Appellant, v. DIESEL SERVICE, INC. and Chess Williams, Appellees.

Supreme Court of Arkansas.

July 2, 1973.

Attorney(s) appearing for the Case

Bon McCourtney & Associates by Troy L. Henry, Jonesboro, for appellant.

Rieves & Rieves by Donald A. Forrest, West Memphis, for appellees.

HARRIS, Chief Justice.

Eddie James Cooper, age six, drowned on May 13, 1972, in an artificially constructed pond located on property owned by appellees in Crittenden County, Arkansas. Appellant, Willie Cooper, as Special Administrator of the Estate of Eddie James, instituted suit against appellees alleging first that appellees were liable under the attractive nuisance doctrine, and second that the little boy's death was due to negligence of appellees, i. e., the failure...

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