Donald L. Brown v. Thomas Anzalone

McLAUGHLIN, Circuit Judge.

In this personal injury action the judgment in favor of the plaintiff was vacated and judgment n. o. v. entered for the defendant. Plaintiff appeals.

On December 27, 1957, defendant Anzalone was engaged in logging operations in the Spartansburg, Pennsylvania area. Walter Anderson was employed by him to skid logs from Anzalone’s property to a public highway abutting same on the south. Anderson, according to his employment contract with Anzalone, furnished his own truck and provided his own fuel and repairs. He was paid $10 per thousand feet of logs skidded. Plaintiff…