Happel v. Kennicutt

BLACKBIRD, Vice Chief Justice.

Defendant in error, hereinafter referred to as plaintiff, was injured August 10, 1959, when the dump truck filled with sand, cement and gravel (referred to as a “batch’' of cement mix) he had driven, and backed on to the “skip” or scoop of a “Rex Paver”, or paving machine, was raised several feet into the air on the skip, and suddenly dropped, when the skip dropped to the ground.

The truck, the paver, and plaintiff’s services, were being used by Plarold J. Happel, d/b/a Admiral Paving Company, in paving streets in the southeastern part of the City of Tulsa. The…