Busch v. Bientzle

Opinion by

Baldrige, J.,

This was an action of trespass to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of a driver of one of defendant’s trucks.

Judgment was obtained by the plaintiff, and this appeal by the defendant followed.

The sole question before us, as stated by appellant, is: “Was plaintiff an employee of defendant and as such barred from recovery at common law for an injury sustained unloading the truck in the regular course of defendant’s business?”

On April 2, 1934, the plaintiff was standing on the street when the truck driver, in the…