Rice Brothers, Inc. v. Glens Falls Indemnity Co.

Plaintiff corporation was engaged in the performance of a grading-and paving contract in Merced which required the use of a number of dump trucks. It owned and used on the work some 10 or 12 trucks and needed more. It made oral arrangements with one Holloway for the use- of two of Holloway’s trucks. They were furnished by Holloway, “fully operated and maintained,” that is, they went to the job with drivers, and Holloway paid the wages of the men, paid for the gasoline and oil consumed and for any repairs that might be necessary. Plaintiff paid Holloway $4.66 an hour per truck. One of…