Opinion
Gen. No. 9,528. (Abstract of Decision.)
Opinion filed April 6, 1940 Rehearing denied May 9, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 121.1 — agency relationship, sufficiency of evidence. Lower court improperly entered judgment against defendant for injuries sustained by plaintiff in automobile collision with truck alleged to have been operated by agent of defendant, where evidence showed that defendant operated a refinery but that alleged agent was an independent contractor who secured sales of defendant's products, and transported them himself from bulk stations on a commission basis, following authority of Jones v. Standerfer, 296 Ill. App. 145.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of DuPage county; Hon. WILLIAM J. FULTON, presiding.
Reversed. Heard in this court at February term, 1940.
Hadley Leren, for appellant;
Charles W. Hadley, of counsel.
Alschuler, Putnam, Johnson Ruddy and Sears, O'Brien Streit, for appellees;
Edward F. Streit, of counsel.
"Not to be published in full." Opinion filed April 6, 1940; rehearing denied May 9, 1940.