Dohner v. Winfield Wholesale Grocery Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one for personal injuries sustained by the plaintiff by being run over by an automobile driven by the defendant Harris. Trial was to the jury; verdict against both defendants for $1,800. The court, on consideration of a motion for a new trial by the grocery company, concluded that Harris was an independent contractor and that the grocery company was not liable. The motion for new trial was granted solely on that ground. The plaintiff appeals.

The plaintiff sought to hold the defendant grocery company responsible for the…