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HUDGENS v. COOK INDUSTRIES, INC.

No. 44765.

521 P.2d 813 (1973)

John S. HUDGENS, and Ernest H. Riddle, co-guardians of the person and estate of Mike Davis, a minor, Appellants, v. COOK INDUSTRIES, INC., a foreign corporation, Appellee.

Supreme Court of Oklahoma.

As Corrected on Denial of Rehearing May 6, 1974.

Rehearing Denied May 7, 1974.

Attorney(s) appearing for the Case

Foliart, Shepherd, Mills & Niemeyer by George W. Dahnke, Oklahoma City, for appellants.

Rhodes, Hieronymous, Holloway & Wilson by Page Dobson, Oklahoma City, for appellee.

HODGES, Justice.

This action arose when Mike Davis (Davis), the ward of appellants received injuries when the automobile in which he was a passenger collided with a truck being driven by John Lewis Edwards (Edwards). Edwards was hauling wheat owned by Cook Industries, Inc. (Cook).

Appellants urge two theories of liability against Cook: (1) Edwards was acting as the agent, servant, and employee of Cook and within the...

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