Hollingsworth v. Pemberton

The plaintiff has appealed from an order granting a new trial after judgment for damages for injuries sustained as the result of an automobile collision had been entered pursuant to a verdict which was rendered in her favor.

The real question involved on this appeal is whether the trial court abused its discretion in granting a new trial on the theory that the plaintiff failed to prove that the driver of a truck, with which the plaintiff’s automobile collided, was the agent or employee of the defendant Moye Forwarding Company, as distinguished from an independent contractor. Granting that…