Rector v. Walden, Fulton & Payne

PITTS, Chief Justice.

This is a suit filed by appellant, Ben D. Rector, for alleged personal damages in the sum of $37,000 sustained by reason of an injury he received while helping to unload some heavy pipe from a gondola type railroad car. It is charged that the alleged injury resulted from the negligent operation of a winch truck by one Irving Warner. The primary issue to be here determined is whether or not Warner, the truck operator, remained the general employee of appellee, a partnership composed of Walden, Fulton and Payne, at the time of appellant's injury, or whether or not Warner…