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JENKINS v. AAA HEATING AND COOLING, INC.

245 Or. 382 (1966)

421 P.2d 971

JENKINS ET AL v. AAA HEATING AND COOLING, INC.

Supreme Court of Oregon.

Affirmed December 30, 1966.

Attorney(s) appearing for the Case

Richard T. Clarke, Portland, argued the cause for appellants. On the brief were McGill and Clarke, Portland.

Gerald R. Pullen, Portland, argued the cause for respondents. On the brief were Hershiser, Canning, Pullen, Mitchell & Rawls, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

In an action for damages for personal injuries, the trial court ruled as a matter of law that the driver of the automobile causing the harm was an independent contractor. The plaintiff appeals from the directed verdict which exonerated the alleged employer.

The only issue upon appeal is whether the jury should have been given an opportunity to pass upon the plaintiff's allegation that the tort-feasor was the servant of the corporate...

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