Roberts v. BOWMAN TRANSPORTATION, INC.

Felton, Chief Judge.

The question presented is whether, at the time of his death, the plaintiff’s son was an employee of the defendant so as to have rendered him a fellow-servant of the truck driver Freeman thereby causing the “fellow-servant” rule to apply. The plaintiff alleged that his son “was assigned by the defendant, Bowman Transportation Co., Inc., as a prospective junior driver to Billy L. Freeman”; that the son “was aboard the tractor with knowledge and consent of the defendant . . . for the sole purpose of making a trial trip as a prospective driver and employee for the defendant”;…