Magnolia Petroleum Co. v. Johnson
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; Defendant was entitled to a peremptory instruction in its favor, (1) because the drivers were employees of an independent contractor, and (2) because the plaintiff was equally negligent as the drivers.
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Appeal from White Circuit Court; J. M. Jackson, Judge; Defendant was entitled to a peremptory instruction in its favor, (1) because the drivers were employees of an independent contractor, and (2) because the plaintiff was equally negligent as the drivers. There was no evidence as to defendant retaining any control or direction over the work of the drivers making deliveries. 105 Ark. 477; 118 Ark. 561; 128 Minn. 508; 152 Mich. 613; 203 N. Y. 191. Plaintiff was equally as negligent as the drivers. 96 Ark. 500. (1) The drivers were employees of appellant. Independent contractor defined. 135…
1Opinion of the CourtSmith, J.
Appellee recovered judgment against appellant company for the value of a barn and its contents alleged to have been negligently set on fire by the agents, servants and employees of appellant. Liability on the part of appellant is denied upon two grounds, first, that it was not responsible for the acts of the persons whose negligence caused the fire, and, second, that appellee was guilty of contributory negligence which defeats his right of recovery.
Appellant is engaged in producing and selling oils and gasoline, with its principal Arkansas office in the cd'ty of Little Rock. In order to…
2Cases cited1 opinion
- Horton v. ThompsonSupreme Court of Arkansas · 1916
3Cited by22 opinions
- Gulf Refining Co. v. BrownCourt of Appeals for the Fourth Circuit · 1938
- Texas Co. v. ZeiglerSupreme Court of Virginia · 1941
- Gulf Refining Co. v. Huffman WeakleyTennessee Supreme Court · 1927
- Buchholz v. Standard Oil Co.Missouri Court of Appeals · 1922
- Arkansas Fuel Oil Company v. ScalettaSupreme Court of Arkansas · 1940
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