Arthur Wilcox, Leslie Grier, George Porter, Abe Smith, Russell Waters and Otis Drummond v. Transamerican Freight Lines, Inc. And Harry Culyer

This appeal is from an order of the District Court granting Transamerican’s motion for summary judgment and dismissing the complaint. There was no genuine issue over the facts. The sole question was whether Transamerican, an interstate common carrier by truck, was liable for negligence of the owner-driver of a tractor which it leased from him and which collided with an automobile, injuring the plaintiffs.

The owner-driver of the tractor was in the employ of Transamerican, but its defense was that at the time of the accident he was off duty and was not engaged in its business.

Plaintiffs…