WELLS, Judge.
Penn contends the trial court erred in submitting the issue of agency to the jury and in its charge to the jury on this issue. Penn argues that the evidence shows that Spradley was an independent contractor, rather than its employee, and that therefore it was not liable for any negligence on the part of Spradley.
This same argument was made by Penn and rejected by this Court on the first appeal in this action, see Hornby v. Penn. Mut., supra...
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