Opinion
Gen. No. 41,388. (Abstract of Decision.)
Opinion filed April 15, 1941. Rehearing denied May 5, 1941.
AUTOMOBILES AND MOTOR VEHICLES, § 121.1 — master-servant relationship, sufficiency of evidence. In action against employer for injuries caused by automobile collision of its employee, evidence showed master-servant rather than independent contractor relationship, where employee was a salesman assigned a certain territory, he was required to account for his time, he had no discretion as to prices, terms or collections, he was under constant orders, the employer had stationery and calling cards printed, a flat salary was paid and deductions made for federal old age benefits.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. RAY D. HENSON, presiding.
Affirmed. Heard in second division, first district, this court at October term, 1940.
Taylor, Miller, Busch Boyden, for appellant;
James J. Magner, Charles R. Sprowl and Donald C. McKinlay, of counsel;
John A. Bloomingston, for appellees.
"Not to be published in full." Opinion filed April 15, 1941; rehearing denied May 5, 1941.