Lassiter v. . Cline

Tbis case poses two questions: First, was there any evidence of agency existing between Herbert Thomas, tbe driver of tbe truck wbicb collided witb tbe truck plaintiff was driving, and tbe defendants? And, second, does all of tbe evidence tend to sbow tbat tbe said Herbert Tbomas was an independent contractor?

We are constrained to bold tbat tbe first question should be answered in tbe affirmative, and tbe second question should be answered in tbe negative. Sucb bolding precludes an affirmation of tbe judgment below.

Tbe plaintiff testified tbat be bad known Herbert Tbomas for two months prior…