Jenkins v. AAA Heating and Cooling, Inc.

In an action for damages for personal injuries, the trial court ruled as a matter of law that the driver of the automobile causing the harm was an independent contractor. The plaintiff appeals from the directed verdict which exonerated the alleged employer.

The only issue upon appeal is whether the jury should have been given an opportunity to pass upon the plaintiff’s allegation that the tort-feasor was the servant of the corporate defendant.

The facts are not in dispute. The defendant heating company, herein referred to as the company, sold and serviced furnaces. The company obtained…