De Bord v. Proctor & Gamble Distributing Co.

RUSSELL, District Judge.

In this case the only material question for consideration involves determination of whether under the evidence the operator of the automobile was a servant of the defendant or the employee of an independent contractor. In other words, whether the defendant was liable for the negligence of the operator of the automobile or whether such negligence was properly attributable only to the operator and his employer who had been engaged by the defendant to transfer the truck for it.

Plaintiff’s suit was predicated upon his contention that the truck was owned by the defendant…