[Download] "Mpm Hawaiian Inc. v. World Square" by Hawaii Court Of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Mpm Hawaiian Inc. v. World Square
• Author : Hawaii Court Of Appeals
• Release Date : January 07, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Defendant, Ray Dodge, is an automobile dealer in the city of Clinton. Seldon Orrick had been a salesman for defendant almost continuously since about 1936. Plaintiff contends Orrick was an employee for whose conduct defendant is responsible. It is defendants claim that Orrick was an independent contractor whom he had no right to control. On the evening of July 15, 1939, decedent, Floyd Fulton, 22 years old, together with Charles Carter, accompanied Orrick, at his invitation, on a trip from Clinton to Sabula. The car belonged to Orrick and was used by him in his work as a salesman. At Sabula, Orrick interviewed one Hoyer in an attempt to interest him in buying a car. Later, Orrick and his two companions attended a dance at Sabula. The return trip was then commenced over paved U.S. Highway 67. When in the vicinity of Heightons hill, north of Clinton, Orricks car left the highway. The car and its three occupants were found by one Petersen the following morning near the foot of an embankment, 35 to 40 feet high, on the west side of the highway. Fulton and Carter were both dead. Orrick was seriously injured and subsequently died. There were no eyewitnesses to the tragedy. In fact, so far as the record shows, no one went to the scene of the wreck before Petersen did, some seven to eight hours after it is claimed to have happened.

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