Robert Patrick Day - Page 11




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          Supp. 627, 630 (E.D.S.C. 1948)).                                            
               In this case, the drivers were required to deliver the loads           
          to a certain place at a certain time, and the drivers chose the             
          routes and the speeds that would take them to that destination              
          point by that time.  Petitioner was not in the cabs of the trucks           
          supervising every movement of the drivers, directing which routes           
          to take or controlling the speeds at which to drive.  Nor did he            
          control which hours the drivers drove or rested.  Petitioner did            
          not direct the intimate details of the drivers' work, because the           
          drivers' work requires little supervision.  Though petitioner was           
          not required to supervise closely the drivers hour by hour, the             
          right to control was not lacking.  See Air Terminal Cab, Inc. v.            
          United States, 478 F.2d at 580.                                             
               Petitioner exercised control by requiring the drivers to               
          call him daily on the cellular phones, which he provided, to                
          inform him of their locations and progress.  Petitioner                     
          controlled which loads the drivers would haul and the prices                
          charged for the transportation of those loads.  Petitioner                  
          determined whether repairs to the trucks should be performed on             
          the road or deferred until the driver returned the truck to                 
          petitioner's business location.  On this record, petitioner                 
          exercised the necessary control over the drivers' activities                
          consistent with an employer-employee relationship.  See Avis Rent           
          A Car Systems, Inc. v. United States, 503 F.2d at 430; Air                  






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