Carothers v. Bauer

The issues involved on the instant appeal are as follows:(1) Whether the motion for summary judgment should have been denied for the reason that there are issues of fact present which require trial.(2) Whether the trial court erred in determining that Komro was an independent contractor.

The affidavits reveal the following facts. In July, 1959, Komro purchased the truck which was involved in the collision from the estate of Robert Hophan. Hophan, prior to his death, had been a bulk milk hauler under contract with the Dairy on the same milk route currently operated by Komro. The total purchase…