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HARBOUR v. COLONIAL FAST FREIGHT LINES, INC.

SC 1491-1494.

336 So.2d 1100 (1976)

Ade HARBOUR v. COLONIAL FAST FREIGHT LINES, INC., et al. Katherine HARBOUR v. COLONIAL FAST FREIGHT LINES, INC., et al. Mary K. HARBOUR v. COLONIAL FAST FREIGHT LINES, INC., et al. William H. ATKINS, as Administrator, etc. v. COLONIAL FAST FREIGHT LINES, INC., et al.

Supreme Court of Alabama.

Rehearing Denied September 17, 1976.

Attorney(s) appearing for the Case

James S. Hubbard, Anniston, and Burns, Shumaker & Davis, Gadsden, for appellants.

Rives, Peterson, Pettus, Conway, Elliott & Small, Birmingham, for appellee, Colonial Fast Freight Lines, Inc.

EMBRY, Justice.

This appeal will determine if the issue, of whether an owner-lessor is acting within the line and scope of his employment with the lessee motor freight common carrier, is one of fact, when a freight haul of the carrier is interrupted to allow repairs to the leased truck-tractor, and third parties are injured from operation of the tractor immediately before the freight haul is resumed.

Appellants, Ade Harbour, Katherine Harbour, Mary K. Harbour...

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