OPINION
KRUCKER, Judge.
This is an appeal from an order denying a motion to vacate a summary judgment. The sole issue is whether the trial court abused its discretion in denying appellant's motion. The pertinent facts may be summarized as follows.
On September 12, 1970, appellant Ronald Ashton, while on the payroll of Sierrita Mining and Ranching (hereinafter Sierrita) was injured when the truck he was driving overturned. At the time of the accident...
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