DE BORD v. PROCTOR & GAMBLE DISTRIBUTING CO.

No. 10933.

146 F.2d 54 (1944)

DE BORD v. PROCTOR & GAMBLE DISTRIBUTING CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 15, 1944.


Attorney(s) appearing for the Case

B. P. Gambrell, of Atlanta, Ga., and J. Ralph Rosser, of LaFayette, Ga., for appellant.

Graham Wright, of Rome, Ga., and Sidney Smith, of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

An automobile, in which plaintiff was riding as a guest, collided with a truck owned by defendant, and this suit followed. At the conclusion of the evidence, defendant moved for a directed verdict on the ground, among others, that "the evidence showed without conflict that the operator of the truck at the time of the collision was not the servant or employee of defendant but of an independent contractor,1 White...

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