Hoover v. Sun Oil Company

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Hoover v. Sun Oil Company
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.

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.