Hilgenberg v. Elam

GRISSOM, Justice.

Mrs. Eva C. Hilgenberg and Mrs. Mary Hilgenberg, surviving wife and mother, respectively, of L. W. Hilgenberg, deceased, sued A. R. Elam for • damages caused by his death. L. W. Hilgenberg and Alton J. Willingham jointly owned a farm. Part of the farm had a growth of trees which the owners wanted uprooted. Baldridge & Son owned a bulldozer. They leased it with a driver to Elam. Baldridge & Son selected the - driver and paid all the operating expenses and for repairs. The operator of the bulldozer was hired and paid by Baldridge & Son, and they alone had the power to discharge…