Price v. Ryan

Crouch, J. (dissenting).

Defendant Dickison was a general contractor engaged in paving a street in Syracuse. Defendant Ryan was engaged in the trucking business in Syracuse. Dickison over many years had been accustomed to rent trucks with drivers from Ryan. The hiring was by the hour, and the price varied with the size of the truck. The practice was for Dickison to call up Ryan and order a particular type of truck needed for any particular piece of work. The hiring of any particular truck and driver could be terminated by Dickison at any moment. The drivers of the trucks when hired and on the…