Wade v. Brisker

GARDNER, Justice.

Plaintiff’s intestate, Tee Brisker, was killed by a truck driven by one George McCloud, who was employed in delivering ice manufactured at the Wetumpka Ice Company, an ice plant owned and operated by defendant, J; Q. Wade. One Hall, who was manager of the ice plant, employed McCloud and owned the truck.

Defendant insists Hall was an independent contractor, and that he could not be held to liability for the negligence of the truck driver. The trial court instructed the jury that under the proof defendant would be responsible for the negligence of the truck driver, and thus gave…