Rehard v. Miles

(dissenting) — I respectfully dissent. The record shows appellees left everything in the hands of Johnson, reserving no discretion or control to themselves. He had full charge and control, gave all orders and superintended the work.

Appellant is entitled to the benefit of the most favorable view of the evidence rule. Johnson testified:

“I told him [Ed Rehard] to go in and help Snelson take off this section of the center pole.”

Considering the record in the light most favorable for appellant I think there is no justification for the conclusion reached that he was not working under the orders and…