Mrs. Odette Kiff, Widow of Dannie Powell, Jr., Etc. v. The Travelers Insurance Company

I am in full agreement with the view that under the undisputed facts the borrowed servant doctrine was improper-1 y submitted to the jury. With that issue correctly decided this is a classic case for retrial on the issue of damages only.

On interrogatories the jury found that the operator of the crane was negligent, that the decedent was not contributorily negligent, and that the accident caused aggravation of decedent’s pre-existing condition resulting in his death. Both parties moved for a directed verdict. The plaintiff was entitled to a directed verdict on the borrowed servant issue which…