Haco Drilling Co. v. Burchette

1 This action was brought by Oscar Ray Burchette (plaintiff) against Haco Drilling Co., Inc., and Sam J. Whitlock, Administrator of the Estate of Thomas W. Hughes, Deceased, for damages resulting from the collision of two automobiles. Plaintiff alleged that at all of the times mentioned in the petition Thomas W. Hughes (the deceased) was acting in the scope of his employment as the agent, servant and employee of the defendant, Haco, so as to render Haco responsible for the acts and consequences of the acts of the said Hughes. It was further alleged that on September 3, 1957, at about 6:20 a.m. plaintiff was driving his car west on State Highway No. 9 in Cleveland County, Oklahoma; that at a point about 4 miles east of Norman, Oklahoma, a car driven by the said Hughes in an easterly direction came across the center line into the plaintiffs lane of traffic; that the cars collided headon causing injury to plaintiff and his wife. Hacos verified answer denied Hughes was its agent, servant and employee at the time and place of the collision and alleged also that the accident was unavoidable.