Pennsylvania Casualty Co. v. Elkins

FORD, District Judge.

At the time of the events which resulted in this litigation, the defendant, William Elkins, a resident of Burgin, Mercer County, Kentucky, was in the business of operating motor trucks as a contract carrier.. He was engaged principally in local transportation of livestock. He had regular employees who assisted him in his business.

Late in the afternoon of December 2, 1943, when Elkins returned from a trip to Cincinnati, he received a call to be at Crossville, Tennessee, by daylight the next morning, to haul a load of cattle from there to Shakertown, Kentucky. Ernest Nave…