Robinson v. Whitley Moving & Storage, Inc.

ERWIN, Judge.

The first question presented by the plaintiff for our determination is: Was it error for the trial court to grant the defendant’s (Western Electric’s) motion for a directed verdict, taking the evidence presented at the trial in the light most favorable to the plaintiff?

The plaintiff contends that under the terms of the contract as well as the actual course of performance, Whitley was a servant of Western Electric and not an independent contractor. We do not agree.

Where as here, the plaintiff presented his evidence and rested his case, defendant’s motion for a directed verdict in…