DOCKERY v. WORLD OF MIRTH SHOWS, INC.

No. 451.

142 S.E.2d 29 (1965)

264 N.C. 406

Marta Melinda DOCKERY, By Her Next Friend, E. T. Pullen, III, v. WORLD OF MIRTH SHOWS, INC., and Michael Dembrosky, d/b/a M. D. Amusement Company.

Supreme Court of North Carolina.

May 19, 1965.


Attorney(s) appearing for the Case

J. F. Motsinger and Deal, Hutchins & Minor, Winston-Salem, for plaintiff.

R. M. Stockton, Jr., and W. F. Maready, Winston-Salem, for World of Mirth Shows, Inc. Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, of counsel.


MOORE, Justice.

Defendant Mirth asserts that the negligence, if any, giving rise to plaintiff's fall and injuries consisted of acts and omissions of Dembrosky, an independent contractor, and the conduct of plaintiff in standing while the Scrambler was in motion.

In response to an issue submitted by the court, the jury determined that Dembrosky was not an agent or employee of Mirth. An employer is not ordinarily liable for injury resulting from dangerous conditions...

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