Busch v. Seaboard By-Product Coke Co.

The opinion of the court was delivered by

Parker, J.

This is a suit for damages on account of personal injury sustained by plaintiff through the alleged negligence of the driver of an auto truck. Plaintiff claimed that said driver was a servant of the respondent corporation; the latter alleged that he was in the employ of an independent contractor. This dispute was the storm centre at the trial, and the appeal is mainly based on the action of the trial judge in directing a verdict for defendant on the ground that as a court question the evidence showed that the driver was not acting as a…