Price v. Shorewood Motors, Inc.

The following opinion was filed December 5, 1933 :

Wickhem, J.

Two questions are presented upon this appeal, and a determination of either adversely to plaintiff will require an affirmance of the judgment.

The first is whether Hewitt, upon the undisputed evidence, was a servant of the defendant, as plaintiff contends, or an independent contractor, as is claimed by defendant. The second is whether, assuming Hewitt to have been a servant or agent, he was acting within the scope of his employment as such servant or agent at the time of the accident. Since we have determined that the second question…