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MODERN ELECTRIC COMPANY v. DENNIS

No. 665.

130 S.E.2d 547 (1963)

259 N.C. 354

MODERN ELECTRIC COMPANY, Inc. v. S. E. DENNIS, T/A Dennis Motor Service.

Supreme Court of North Carolina.

May 1, 1963.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, by Victor S. Bryant and F. Gordon Battle, Durham, for defendant-appellant.

Haywood & Denny, by George W. Miller, Jr., and Egbert Haywood, Durham, for plaintiff-appellee.

SHARP, Justice.

This is the second appeal in this case. The first is reported in 255 N.C. 64, 120 S.E.2d 533. The evidence in the two trials was substantially the same, and reference is made to the former opinion for a full resume of both the pleadings and the evidence. Briefly, the controversy revolves around this question: Did plaintiff employ defendant as an independent contractor to unload and...

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