Morain v. Lollis

HALLEY, Justice.

Othel Lollis, plaintiff, filed an action for damages against Gordon Morain, defendant, for negligence in causing injury to his cattle. The matter was tried to a jury which returned its verdict for the plaintiff. Defendant appeals from the order of the trial court overruling his motion for new trial. The parties will be referred to as they appeared in the trial court.

Defendant’s principal contention is that the trial court should have ruled as a matter of law that witness A. A. Wallace was an independent contractor and that defendant’s motion for directed verdict at the close…