Sam Horne Motor and Implement Company v. Gregg

CLAY, Commissioner.

Plaintiff suffered personal injuries when the automobile in which she was riding as a passenger collided with one driven by defendant Spangler. She recovered a judgment for $6,000 against both Spangler and his alleged employer, the defendant company.

The principal contention on this appeal is that Spangler was an independent contractor and therefore the defendant company was not liable.

Spangler was an automobile salesman who was compensated on a commission basis. He was authorized to take automobiles from the company’s used car lot for demonstration purposes. He had been…