INSTRUCTION NO. ________

        The question has been raised whether at the time of the occurrence (alleged agent's name) was the agent of (defendant's name) or was an independent contractor.

        One is the agent of another person at a given time if he is authorized to act for, or in place of, such other person. [One may be an agent although he receives no payment for his services.] [The term "agent" includes servants and employees; and the term "principal" includes employers.]

        If you find that one person has the right to control the actions of another at a given time, you may find that the relation of principal and agent exists, even though the right to control may not have been exercised.

        An independent contractor is one who undertakes a specific job where the person who engages him does not have the right [to discharge him] [or] [to direct and control the method and manner of doing the work].

IDJI 255.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________