Egginton v Reader    Negligence –Personal injuries – Servant or independent contractor.
The driver of a motor-car negligently knocked down and injured a pedestrian. The driver was
the owner of the car, but he used it to carry samples of the goods of B & A G Ltd, which he
received each morning and returned or accounted for each evening. In order to sell such
goods he visited such places and persons as he thought fit without being subject to any
direction by B & A G Ltd, and he was not prohibited from acting as agent or servant of any
other person or company, and, indeed, was at liberty to refuse to call on any person B & A G
Ltd might suggest. He was remunerated by a commission on sales and was paid £1 per week
towards the cost of his petrol. It was not, however, a term of the agreement between the
driver and B & A G Ltd, that he should use the said or any car. There was no binding
agreement upon the driver to work at all, but upon his failure to procure orders, B & A G Ltd
would have terminated the payment for petrol.