Nature of the Case
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Facts
Vernon, the husband of P, was a counter-intelligence officer of the United States Army working out of Tucson, Arizona. Throop, with a passenger, was driving west towards Tucson on U. S Highway 80 near Benson. On a level and straight highway in broad daylight the vehicle occupied by Hennen (D), proceeding in an easterly direction, suddenly swerved into Vernon's lane causing a violent head-on collision. Both Vernon and Hennen (D) died. P sued for wrongful death against D and the estate of Hennan (D). Hennen (D) had been with D 15 years. D would come to the company office from time to time, pull cards on wholesale houses, and pick out the ones he desired to visit; or, if one of the two office employees would make a list of wholesalers for Hennen (D) to visit, he would modify the list as he saw fit. He took care of his own hotel and travel expenses out of his commissions; 1 1/4 cents per mile was paid on his automobile which he owned. Hennan (D) had no power to fix prices but he often gave more discounts than were on the discount cards furnished wholesalers, and the company accepted these. The amount of his commissions with D never exceeded $1,200 in any one year as Hennen (D) was receiving social security and did not wish to jeopardize this status. The company made deductions from payments for federal withholding tax and paid federal employment compensation. He was carried the same way on personnel records as the two office employees. Hennen (D) visited the office an average of only four or five times a year. At the conclusion of the evidence, P and D moved for a directed verdict. The court directed a verdict for D and denied the motion Hennan (D). The jury returned a verdict for the plaintiff in the sum of $50,400.00 against Hennan (D). P appealed from the directed verdict in favor of D, and Hennan (D) appealed the verdict in favor of P.
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