Peterson v. Brinn & Jensen Co.

Carter, j.

This action was commenced by plaintiff to recover for personal injuries sustained in an automobile accident resulting from the negligence of one of defendant’s traveling salesmen. The trial court directed a verdict for defendant, and plaintiff appeals.

The record discloses that there are two questions to be determined on this appeal: First, was the salesman an employee or independent contractor; and, second, if the salesman was an employee, was he acting within the scope of his employment at the time of the accident. The *910negligence of the salesman is conceded for the purposes of this…