Cushman Motor Delivery Co. v. Bernick

OPINION

By ROSS, PJ.

The evidence' presented at the trial develops that one Fitzgerald was operating the truck with which the tractor and trailer of the plaintiffs collided upon a highway in the State of Indiana, that such truck was either parked or slightly moving at the time of the collision, that it was loaded with merchandise accepted by the defendant for interstate transportation as a common carrier. There was evidence that Fitz gerald was an independent contractor, carrying on the business of the defendant as a common carrier, engaged in interstate commerce, and there was also evidence…