Moroka v McEwen [1910] ZAHCORC 8 (5 April 1910)

Appeal.-Negligence.-Servant.-Control.

Where A had let a wagon and also a driver, D, to B, and A had paid
D's wages and guaranteed him to be qualified for the work, and had given B no authority to interfere with D or instruct him as to the mode of his driving, and one M sued B for damages sustained through a collision due to D's negligent driving, Held, on appeal, that B was not D's master, and therefore was not liable in damages. Okatwin v. Central South African Railways ([1909] T.H. 33) followed.