June 17, 1960, A.B. Beard (he and his son do an earthmoving business) was clearing land for subdividing. Mr. Beard noticed a leak in the radiator of the firm's 16-ton bulldozer and shut off the motor. Examination showed that a stick had punctured the radiator. Mr. Beard then started the motor, moved the bulldozer some 50 or 60 feet away (from a brush fire) and parked it.
Two days later one of the defendant...
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