Duncan v. Evans

In each case the defendant claims that at the time of the collision the trucking equipment was being operated by an independent contractor to whom had been delegated the duty of transporting the freight. Therefore the single question now requiring the consideration of this court is whether a common carrier by motor truck may relieve itself of tort liability by delegating its duties to an independent contractor.

The defendants rely upon the decision of this court in the case of Leonard v. Kreider, 128 Ohio St. 267, 190 N.E. 634, in which it was held that "no rule of law as to independent…