Mamie Hartell, as Administratrix of the Estate of Edward Hartell, Deceased, Appellant v. T. H. Simonson & Son…

Summary

The Court of Appeals reversed the Appellate Division and held that the truck driver, although generally employed by Durr, was temporarily loaned to the defendant and therefore was the defendant's servant at the time of the accident, making the defendant liable for the driver's negligence. The complaint should not have been dismissed.