49 Ga. App. 636 | Ga. Ct. App. | 1934
1. Where the owner of an automobile truck hires it, together with his servant who operates it, to another person,' to be paid for at so much an hour, for use in the hauling of gravel for the latter, notwithstanding the work is performed under the direction and supervision of the person to whom the truck and the servant are hired and this person directs the servant as to what gravel to haul, where to
2. Where at the time of the injury the plaintiff was not an employee of the defendant, but may have been an, employee of the person to whom the defendant’s truck and servant had been hired, and may have been entitled to compensation from his employer for his injuries, under the workmen’s compensation act, the provisions of that act are not applicable as between the plaintiff and the defendant; and the plaintiff, by the provisions of that act, is not deprived of his common-law right to recover, as against the defendant, damages for his injuries where they were proximately caused by the defendant’s negligence.
3. Upon the trial of a suit by the injured person, against the owner of the truck, to recover for damage alleged to have been proxima'tely caused by the negligence of the defendant, through its servant in the operation of the truck, where the evidence adduced tended to establish the facts as above indicated, a verdict for the plaintiff was authorized, and it was error to direct a verdict for the defendant.
Judgment reversed.