The plaintiff on June 30, 1952, appealed from the order of June 4, 1952, granting the defendant's motion for judgment and dismissing the plaintiff's action. When this appeal came on for argument at the March 1953 session of this Court, our attention was called to the fact that the Supreme Court of Arkansas had on February 16, 1953, in Mathews Trucking Corporation v. Zimmerman, Ark., 255 S.W.2d 168, affirmed two judgments for three thousand dollars each entered upon the verdict of a jury in favor of Lessie Mae Zimmerman and Mildred Zimmerman. Each of them had sued the defendant for damages for personal injuries resulting from the same collision in which the plaintiff was injured and his wife killed.
In the excellent briefs submitted in this Court, both sides have cited our authorities on independent contractors. Some of the cases so cited are: Moore and Chicago Mill Lbr. Co. v. Phillips, 197 Ark. 131, 120 S.W.2d 722: Pine Woods Lbr. Co. v. Cheatham, 186 Ark. 1060, 57 S.W.2d 813; Farmer Stave Reading Co. v. Whorton, 193 Ark. 708, 102 S.W.2d 79; Irvan v. Bounds, 205 Ark. 752, 170 S.W.2d 674; Rice v. Sheppard, 205 Ark. 193, 168 S.W.2d 198; Fordyce Lbr. Co. v. Wardlaw, 206 Ark. 35, 176 S.W.2d 241; Hearnsberger v. McGaughey, 218 Ark. 663, 239 S.W.2d 17; Mathews v. Zimmerman, 221 Ark. 622, 255 S.W.2d 168; Hollingsworth Frazier v. Barnett, 226 Ark. 54, 287 S.W.2d 888; Ozan Lbr. Co. v. McNeely, 214 Ark. 657, 217 S.W.2d 341; Barr v. Matlock, 222 Ark. 260, 258 S.W.2d 540; Boone v. Massey, 212 Ark. 280, 205 S.W.2d 454; Sinclair Refining Co. v. Piles, 215 Ark. 469, 221 S.W.2d 12; Capital City Lbr. Co. v. Cash, 214 Ark. 35, 214 S.W.2d 363; Ozan Lbr. Co. v. Tidwell, 210 Ark. 942, 198 S.W.2d 182. Olin insists that there is no substantial evidence to take the case to the jury as to the liability of Olin for the negligence of Lester.