Deam v. O. L. Puryear & Sons, Inc.

Lyle Brown, Justice.

The appellants here were plaintiffs below. Appellee was one of three defendants. The parties will be referred to as they appeared in the trial court. As the result of a fatal accident Ray Deam and others brought this suit against O. L. Puryear & Sons, Inc., and two individuals. Puryear successfully moved for summary judgment and plaintiffs appeal.

One of the defendants, V. I. Clark Sr., had heen engaged in the public hauling business in the Dumas-Grady-Dermott area for some fifteen years. He operated from two to three dump trucks and hauled sand and gravel. Another…