Smith v. Ludwig

— Plaintiff brought this action to recover damages, arising out of a collision between his. car and a truck owned by the defendant. The jury disagreed. The court thereupon granted defendant’s motion for judgment of dismissal, notwithstanding the disagreement of the jury. The plaintiff appeals.

For ten years prior to 1940, respondent had used his truck for hire, hauling principally for one George Marley. In 1938, respondent employed Harold Tuttle to drive the truck on an hourly basis. At the commencement of the 1939 fruit season, respondent and Harold Tuttle entered into an oral agreement…