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[DOWNLOAD] "Brown V. L.H. Bottoms Truck Lines Inc." by Supreme Court of North Carolina ~ eBook PDF Kindle ePub Free

Brown V. L.H. Bottoms Truck Lines Inc.

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eBook details

  • Title: Brown V. L.H. Bottoms Truck Lines Inc.
  • Author : Supreme Court of North Carolina
  • Release Date : January 09, 1947
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

The petition to rehear the appeal and to reconsider the decision heretofore rendered on procedural grounds, affirming the judgment below, reported ante, 65, 40 S.E.2d 476, was allowed for the reason that the defendants' exception to the judgment, under the facts of this case, is regarded as sufficient to bring up for review the single question of law presented by the written contract between claimants' intestate and the defendant Motor Lines, appearing in the record, which was relied on by defendants as establishing the relationship between them of independent contractor, rather than that of employee, as found by the Industrial Commission. In this view the rule laid down in Rader v. Coach Co., 225 N.C. 537, 35 S.E.2d 609, 610, and Fox v. Mills, Inc., 225 N.C. 580, 35 S.E.2d 869, is not deemed applicable to this case, and consequently the defendants are entitled to have their contention of non-liability on the ground that claimants' intestate was at the time and in respect to the injury complained of an independent contractor, duly considered and decided on its merits.


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