Eagle Motor Lines, Inc. v. Hood

FOSTER, Justice.

On January 8, 1947, plaintiff’s intestate was killed in a collision of the car, in which he was riding as a passenger, with a truck parked on the highway at night, alleged to be without the required signals, flares or reflectors. The truck belonged to one Clements, who had charge of its operation. One Hawkins accompanied Clements on the truck.

The question of primary dispute was whether Clements was the agent of defendant. Hawkins made all the arrangements with respect to the transaction. Defendant, to whom we will refer as Eagle, was an irregular route carrier, engaged in…