ROTH v. McCORD & DELLINGER

No. 529.

62 S.E.2d 64 (1950)

232 N.C. 678

ROTH et al. v. McCORD & DELLINGER et al.

Supreme Court of North Carolina.

November 22, 1950.


Attorney(s) appearing for the Case

M. K. Harrill and Smathers & Carpenter, all of Charlotte, for plaintiff-appellant.

Pierce & Blakeney, Charlotte, for defendants McCord & Dellinger and Bituminous Cas. Corp.

B. Irvin Boyle, Charlotte, for defendants Central Motor Lines, Inc., and Travelers Ins. Co.


BARNHILL, Justice.

There is no contest as to the right of plaintiffs to death benefit compensation under the Workmen's Compensation Act. G. S. § 97-38 et seq. The controversy is as to which group of defendants is liable therefor. As to this there is no valid ground for debate. The judgment entered must be affirmed for two reasons:

(1) Roth, at the time of his injury and death, was operating a vehicle being used by the Motor Lines to haul freight in the...

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