Kelly v. Cann

In his petition plaintiff alleged that defendant was engaged in transporting beverages, principally beer, from points in Missouri to points in Oklahoma, in trucks, and that plaintiff was injured in the State of Missouri, while riding in a truck driven by one Pierce. The allegation as to the relationship, as servants or otherwise, sustained by plaintiff and Pierce to Kelly, is as follows:

“That on May 27, 1939, one John Pierce was employed by the defendant T. J. Kelly to drive and operate a certain Dodge two-ton truck with semitrailer in the conduct of the business of the defendant T. J. Kelly…