Jolly v. Smith

Johnson, C. J.,

(after stating the facts). The principal contention of appellant for reversal is that Newton Gr. Smith was a felloAv-servant Avith James Surman, the driver of the delivery truck, and thereby assumed the risk of his negligence. A number of cases are called to our attention in support of this contention. We cannot agree that any case cited is decisive of the question here presented. The felloAY-servant doctrine, and the doctrine of vice-principal, arq wholly dependent upon the facts and circumstances in each particular case. We understand the fellow-servant doctrine, to be: “…