The question as to when one is the servant of another is sometimes a matter of difficulty to determine.

Sneed (Tenn.), 285; Hughes Cr. Law, Sec. 386. 19 18 Am. & Eng. Ency. Law, 474. 20 Crocheron vs. State, 86 Ala., 64;

Hughes Cr. Law, Sec. 400. 21 Snapp vs. Com., 82 Ky., 173;

State vs. Kayes, 111 N. C, 727;

State vs. Wood, 46 Iowa, 116.

22 People vs. Perini, 94 Cal., 573;

Walker vs. Com., 8 Leight .(va), 743; 8 Am. and Eng. Ency. of Law, 475. 23 18 Am. and Eng. Ency. of Law, 475 (2nd Ed.).

But ordinarily a servant is one who is employed to render personal service to another otherwise than in the pursuit of an independent calling, and in such service remains entirely under the control and direction of his employer.24

The relation of employer and servant may be created by employment for some single service. For example a man may employ another to go somewhere with his horse for a certain price, the person so employed for that purpose is the servant.25