Simon v. McCullough Transfer Co.

That plaintiff’s evidence established the fact that Bolton was guilty of negligence which caused plaintiff’s injuries was not questioned; the sole question before us is whether defendant is liable to plaintiff because of such negligence. The solution of that question depends upon the relation between Bolton and defendant.

This court recently decided a case which concerned a relationship almost identical with the one in the present case.

In Behner v. Industrial Commission, 154 Ohio St., 433, the question presented was whether a person performing services for the defendant in the present case and…