CAPPS v. McCARLEY & CO.

No. 76-138.

544 S.W.2d 850 (1977)

Mr. and Mrs. Rufus E. CAPPS, Appellants, v. McCARLEY AND COMPANY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 31, 1977.


Attorney(s) appearing for the Case

Rubens, Rubens & Rainey by Kent J. Rubens, West Memphis, for appellants.

Reid, Burge & Prevallet, Blytheville, for appellee.


HOLT, Justice.

This is an action to recover damages for the physical injuries sustained by the appellant, Mrs. Capps, when she slipped and fell on a wet spot in her garage. Appellants alleged that the accident was caused by the appellee contractor's negligence in failing to provide adequate drainage in the construction of the driveway of appellants' home and in failing to correct the alleged defect after notice was given to it. At the close of appellants' proof, the...

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