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HART v. THOMASVILLE MOTORS

No. 383.

92 S.E.2d 673 (1956)

244 N.C. 84

F. T. HART, Employee, v. THOMASVILLE MOTORS, Inc., Employer, and The Travelers Insurance Company, Carrier.

Supreme Court of North Carolina.

May 9, 1956.

Attorney(s) appearing for the Case

Armistead W. Sapp, Greensboro, for Thomasville Motors, Inc., Employer, and The Travelers Ins. Co., Carrier, defendants, appellants.

W. H. Steed, Thomasville, and Walser & Brinkley, Lexington, for plaintiff, appellee.

PARKER, Justice.

The plaintiff has challenged the jurisdiction over the subject matter of the Industrial Commission in making an award to him based upon prior agreements between him and the defendants, on the ground that he is not subject to the provisions of the North Carolina Workmen's Compensation Act, G.S. § 97-1 et seq., for the reason that at the time of his injury he was not an employee of Thomasville Motors, Inc., but was an independent contractor.

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