Smith v. Gennett

DAVIS, Commissioner.

The appellants were plaintiffs below in this damage suit arising from an automobile-truck accident. The lower court entered summary judgment absolving appel-lees from liability on the ground that the truck driver was not a servant of appellees (herein referred to as Gennett). This appeal presents the question whether the truck driver was a servant of Gennett.

Gennett operates its main lumber plant at Asheville, North Carolina, and has a lumber mill operation on Elk Creek in Clay County, Kentucky. The plant in Clay County processes logs into lumber; the processed lumber is…