Severinson v. Nerby

STRUTZ, Judge.

The defendant appeals from a judgment for the plaintiff and from an order denying a motion for judgment notwithstanding the verdict in an action brought by the plaintiff for personal injuries alleged to have been suffered by reason of the negligence of the defendant.

The defendant had contracted to pour concrete footings and to erect concrete-block walls for a new filling station being built by the Farmers Oil Company of Reynolds. In performing the terms of the contract the defendant was acting as an independent contractor, and not as an employee of the oil company. In carrying…