[Download] "Commonwealth Life Insurance Company v. Gay" by Court of Criminal Appeals of Oklahoma ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Commonwealth Life Insurance Company v. Gay
• Author : Court of Criminal Appeals of Oklahoma
• Release Date : January 05, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

1 Parties are referred to as in the trial court. Plaintiff, Gay, sued defendants, Loafman and Commonwealth Life Insurance Company, for damages for injuries received in an automobile accident resulting from the negligence of Loafman as driver of the car which hit Gay, who was a highway department employee at work on the highway near Rush Springs at the time of the accident. Plaintiff alleged, as grounds for recovery against Commonwealth, that defendant Loafman at the time of the accident was the "agent, servant or employee" of Commonwealth, "acting within the scope of his employment". Commonwealths answer alleged, among other things, that Loafman was an independent contractor at the time, was not in its general employment, and was not engaged in any business for the company but was on a personal mission. This action sounds solely in tort, and no contractual or other business relations were involved as between plaintiff Gay and defendant Commonwealth. After a jury trial, judgment was rendered on a verdict for plaintiff and against both defendants. Defendant Loafman did not appeal and the judgment has presumably become final as to him. Commonwealth appealed and in its brief argues two propositions.

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