Galloway v. King

If the conclusion reached by the jury was manifestly proper upon a reasonable view of the evidence, that the driver of the truck was not in the relation of independent contractor to appellant, it becomes immaterial whether the question of the relationship's being in the nature of an employé or an independent contractor was one purely for the court, or one of fact for the jury. We would be authorized to set the verdict aside only in case the evidence does not show, as a matter of law, that J. J. Tillery was not an employé. The court's charge correctly set out the adopted test for determining…