De Bord v. Proctor & Gamble Distributing Co.

HUTCHESON, Circuit Judge.

An automobile, in which plaintiff was riding as a guest, collided with a truck owned by defendant, and this suit followed. At the conclusion of the evidence, defendant moved for a directed verdict on the ground, among others, that “the evidence showed without conflict that the operator of the truck at the time of the collision was not the servant or employee of defendant but of an independent contractor,1 White Star Transit Company”. The District Judge, of the opinion that this presented no issue of fact but only one of law, reserved judgment on it until after…