Mid-Continent Freight Lines, Inc. v. Carter Publications, Inc.

RENFRO, Justice.

Suit was filed by Mid-Continent Freight-Lines, Inc., against Carter Publications, Inc., for damages to plaintiff’s tractor, trailer, and cargo, and for loss ©f use of' such tractor and trailer when it was struck: *887by an automobile being driven by Ray Nichols Cherry. Plaintiff alleged that at the time and on the occasion in question Ray Nichols Cherry was an agent, servant, and employee of Carter Publications, Inc., and was acting in the course and .■scope of his employment as such.

Defendant filed motion for summary judgment on the basis Ray Nichols Cherry was not, on the…