McDonald v. Dodge

Gabfield, J. —

Defendant, Ray Dodge, is an automobile dealer in the city of Clinton. Seldon Orrick had been a salesman for defendant almost continuously since about 1936. Plaintiff contends Orrick was an employee for whose conduct defendant is responsible. It is defendant’s claim that Orrick was an independent contractor whom he had no right to control. On the evening of July 15, 1939, decedent, Floyd Fulton, 22 years old, together rvith Charles Carter, accompanied Orrick, at his invitation, on a trip from Clinton to Sabula. The car belonged to Orrick and was used by him in his work as a…