THORNBERRY v. OYLER

No. 34384.

164 Ohio St. 395 (1955)

THORNBERRY ET AL., APPELLEES, v. OYLER BROS., INC., APPELLANT; HANCOCK TRUCKING, INC., APPELLEE.

Supreme Court of Ohio.

Decided December 28, 1955.


Attorney(s) appearing for the Case

Mr. A. Ross Siverling, for appellees Glenn E. Thornberry and Farm Bureau Mutual Automobile Insurance Company.

Mr. Harry W. Schmuck, for appellant.

Mr. G. P. Gongwer, for appellee Hancock Trucking, Inc.


STEWART, J.

In the present case we are not concerned with any dispute in the evidence. No question is raised with reference to the right of Thornberry and insurance company to recover against Hancock for the damage to Thornberry's automobile, Hancock not having appealed from the judgment against it.

The sole question before us is whether, at the time of the accident, the relationship between the driver of the tractor-trailer unit and Oyler was such that Oyler...

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