55 Ga. App. 783 | Ga. Ct. App. | 1937
James T. Wallace brought suit for damages for personal injuries against J. A. Howard, W. E. Price, and Pred Robertson, and alleged that Howard and Price owned certain lumber in common, or as partners, and had sold and were engaged in transporting and delivering the lumber to the purchasers in Chattanooga, Tennessee, when the truck, which was driven by Robertson as their agent, collided with the automobile driven by the plaintiff, thereby causing his alleged injuries. The defendants answered, denying liability; and Price denied that Robertson, the driver of the truck, was his agent or servant. The case proceeded to trial, and at the conclusion of the evidence for the plaintiff, on motion of counsel for the defendants, the judge granted a nonsuit as to Price, and the exception here is to that judgment, a mistrial having been declared as to the other two defendants when the judgment of nonsuit was entered. The evidence adduced on the trial disclosed that Price owned certain timber, and Howard owned-a sawmill; and that they entered into a written
The controlling question is whether Howard and Price were engaged as partners in the transportation of the lumber and in the operation of the truck at the time it collided with the automobile driven by the plaintiff. The plaintiff contends that they were so engaged. The defendants contend that they were not, but that Howard was acting as an independent contractor, having contracted with Price to haul his part of the lumber at a fixed
Judgment affirmed.