Lewis v. Summers

I think the trial court was right in entering judgment for defendant Summers, notwithstanding the verdict. Defendant Kass had been using his own truck for local deliveries of cattle, grain, and other articles. He /made a few hauls of beer” for defendant Summers in the summer of 1935, but “hauled no beer in the winter of 1935 because John (Summers) had his own trucks,” although he “did make a few deliveries.” In the summer of 1936, when the accident occurred, the deliveries were made for Summers as well as for others. Kass was paid by Summers “so much a case, depending on distance.” Kass…