BARNHART v. AMERICAN OIL COMPANY

Civ. A. No. 857.

237 F.Supp. 492 (1965)

Calvin G. BARNHART, Plaintiff, v. AMERICAN OIL COMPANY, Defendant.

United States District Court E. D. Virginia, Newport News Division.

January 22, 1965.


Attorney(s) appearing for the Case

Ralph T. Baker, William McL. Ferguson, Newport News, Va., for plaintiff.

Vandeventer, Black, Meredith & Martin, Hugh S. Meredith, Norfolk, Va., for defendant.


WALTER E. HOFFMAN, Chief Judge.

On January 29, 1960, the plaintiff, a tank-truck driver employed by J. W. Hornsby's Sons, Inc. (Hornsby), was injured when he fell from the top of a gasoline tank-truck owned by Hornsby, while plaintiff was in the process of loading fuel oil at the Yorktown Refinery of the defendant, American Oil Company.

Aside from the question of damages the issues are (1) whether plaintiff was a "statutory employee" of American Oil Company...

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