Hoover v. Sun Oil Company: Difference between revisions

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{{Infobox Case Brief
{{Infobox Case Brief
| court                 =  
|court=
| citation             =
|citation=
| date                  =  
|subject=Business Associations
| subject               = Business Associations
|appealed_from=
| appealed_from         =  
|case_treatment=No
| decision_by          =  
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|facts=A car at a gas station operated by James F. Barone caught fire while being filled.
| distinguished        =  
|procedural_history=Sun moved for summary judgment.
| cited                =  
|issues=Is Sun liable for the damage following a master/servant relationship?
| followed              =  
|arguments=
| related              =  
|holding=No.
|judgment=
|reasons=All Ks between the gas company and station operator indicate that the station is run by an independent contractor. Sun had no authority to dictate how business was run. Barone ran all the risk of the business and received all the profit. Visits from Oil co. representative were only to give advice.
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'''Facts''': A car at a gas station operated by James F. Barone caught fire while being filled.
'''Procedural History''': Sun moved for summary judgment.
'''Issue''': Is Sun liable for the damage following a master/servant relationship?
'''Holding''': No.
'''Reasons''':  All Ks between the gas company and station operator indicate that the station is run by an independent contractor. Sun had no authority to dictate how business was run. Barone ran all the risk of the business and received all the profit. Visits from Oil co. representative were only to give advice.

Revision as of 01:03, September 17, 2020

Hoover v. Sun Oil Company
Court
Citation
Date decided

Facts

A car at a gas station operated by James F. Barone caught fire while being filled.

Procedural History

Sun moved for summary judgment.

Issues

Is Sun liable for the damage following a master/servant relationship?

Holding

No.

Reasons

All Ks between the gas company and station operator indicate that the station is run by an independent contractor. Sun had no authority to dictate how business was run. Barone ran all the risk of the business and received all the profit. Visits from Oil co. representative were only to give advice.

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