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In August of 1958 Ramey decided to take his wife and children to Tennessee for a week's vacation. Banks innumerable times and he also placed Banks in communication with the Blytheville Chapter of Alcoholics Anonymous and similar agencies."
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Ramey had assumed control thereof and responsibility therefor many months, if not years, before the accident. Banks' weakness and addiction for alcohol and for driving motor vehicles while intoxicated, Mr. Ramey had discharged Banks several times on account of his alcoholism, but in each instance Banks had been re-employed. Ramey was frequently forced to send Banks home for drinking on the job. In 1952 and again in 1958, a few months before the collision, Banks was arrested for driving while intoxicated.
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The two men were living in adjacent houses behind the store and had been friends for twenty years.īanks had had an alcoholic problem throughout the time Ramey had known him. Banks, a man of fifty-three, was Ramey's senior employee, having worked regularly at the store for the preceding ten years. Highway 61 in a small community which seems to be a few miles south of Blytheville. At the time of the collision in August of 1958 Ramey, it is said, operated a general store situated on U. The complaint is long, but its essential allegations are simple.
#Tramell from the power hour trial#
The trial court sustained the appellee's demurrer to the complaint, on the ground that no cause of action was stated, and this appeal is from the ensuing order of dismissal. The appellants seek to hold the employer liable on a theory so novel that it does not seem to have been asserted in any reported American case. The collision happened on a Sunday night, at a time when Banks was upon a mission of his own having no connection with his employer's business. Trammell and his wife and child, to recover for personal injuries suffered in a collision between the Trammell car and a car that was owned and being driven by the appellee's employee, Banks, whose drunkenness caused the accident.