Cagle v. Carr

LOCKWOOD, Justice.

Defendants seek review of the Court of Appeals decision (3 Ariz.App. 285, 413 P.2d 795) affirming, as modified, the opinion of the trial court. John Carr, plaintiff below, brought this action alleging a contractual relation between himself and Cagle Brothers, one of the defendants, for the transportation of his backhoe from a point approximately eight miles south of Superior, Arizona, to Kearny, Arizona. He further alleged that Cagle’s agent-driver, Manuel Torris, also a defendant in this suit, while in the scope of his employment, acted negligently, which negligence…