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SMITH v. GENNETT

385 S.W.2d 957 (1964)

Creed SMITH et al., Appellants, v. N. C. W. GENNETT et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 12, 1965.

Attorney(s) appearing for the Case

Cole & Cole, Barbourville, for appellants.

Luker & Luker, London, for appellees.

DAVIS, Commissioner.

The appellants were plaintiffs below in this damage suit arising from an automobile-truck accident. The lower court entered summary judgment absolving appellees from liability on the ground that the truck driver was not a servant of appellees (herein referred to as Gennett). This appeal presents the question whether the truck driver was a servant of Gennett.

Gennett operates its main lumber plant at Asheville, North Carolina, and has a...

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