north. A collision between the Baker truck and the automobile appeared imminent. Baker attempted to swing his truck to the right in front of the log truck, but in so doing the right rear end of his trailer struck the left front end of the log truck, thereby causing the trailer to be thrown with great force into the Morey automobile. As the direct result of this collision, Morey suffered personal injuries, from the effects of which he died within a short time thereafter.
Very little if any question was raised as to the negligence of Baker, and, of course, no claim of contributory negligence was made as to the decedent. The trial court found that there was sufficient evidence in the record to submit to the jury thequestion of whether defendant Irion was negligent, but the jury found in Irion's favor.
The principal question involved on the trial and also in this court relates to the status of Baker at the time of the accident; that is, by whom was he employed? Was he an employe of the defendant, or was he an employe of the Electric Co.? The several assignments of error on this appeal bear directly or indirectly upon that question.
Based upon the provisions of the above quoted contract and the testimony of defendant (called as an adverse witness by plaintiff), the learned trial judge found as a matter of law that Baker was the employe of defendant, and entered a judgment of involuntary nonsuit in favor of the Electric Co. However, in its