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Zittrain Torts Playlist Spring 2013

Mrs. C. L. Murrell, Appellant, v. Bruce Goertz, and the Oklahoma Publishing Company, Appellee.

Headnote

Defendant was collecting monthly payments for newspaper subscriptions. Plaintiff, a subscriber, questioned defendant about damage to her screen door due to newspapers being thrown at it. An argument ensued, in which plaintiff slapped the defendant, who then struck back. This case discusses the circumstances which render the determination of independent contract status a question of law, and not a question of fact.