Greaser v. Appaline Oil Co.

Hatciier, Judge:

This is an action for personal injuries received by plaintiff at Kingwood, while loading a gasoline tank truck from one of defendant’s storage tanks. The action was prosecuted and a judgment recovered in the lower court by plaintiff, on the theory that the relation of master and servant existed between the defendant and himself at the time of his injury. The. defendant took the position that the plaintiff was an independent contractor, and was guilty of contributory negligence. This defense was nullified in an instruction tendered by the plaintiff and given by the court.…