Muckenthaler v. Ehinger

HYDE, Judge.

Action for wrongful death. Plaintiff had verdict for $25,000.00. Defendant Ehinger’s motion for new trial was sustained and plaintiff has appealed. Defendant Anderson has not appealed.

Plaintiff’s husband was killed in a collision between his car and a truck owned by defendant Anderson on August 12, 1959. The principal issue is whether Anderson was an employee of Ehinger. Eh-inger claims the evidence was insufficient to show he hired Anderson but if it was it shows as a matter of law that Anderson was an independent contractor. The negligence of Anderson in running through a red…