Carstarphen v. Ivey

Construing the petition against the plaintiff on demurrer, as we are required to do, it shows that the full and complete possession of the truck was not surrendered to the plaintiff. If the plaintiff was not a bailee he was a servant of the owner of the truck and not an independent contractor. The Code, § 12-102, provides that in all cases the bailee has a right to the possession of the property during the bailment. If the plaintiff was a bailee he was an independent contractor. Wooley v. Doby, 19 Ga. App. 797 (92 S. E. 295); Simril v. Davis, 42 Ga. App. 277 (155 S. E. 790); Ousley Co. v.…