ASKEW v. LEONARD TIRE COMPANY

No. 191.

141 S.E.2d 280 (1965)

264 N.C. 168

James ASKEW, Employee, v. LEONARD TIRE COMPANY, Employer, and Travelers Insurance Company, Carrier.

Supreme Court of North Carolina.

April 7, 1965.


Attorney(s) appearing for the Case

Jones, Jones & Jones, Ahoskie, and Pritchett & Cooke, Windsor, for plaintiff.

Allsbrook, Benton & Knott and Dwight L. Cranford, Roanoke Rapids, for defendants.


MOORE, Justice.

To be entitled to maintain a proceeding for compensation for personal injury under the provisions of the Workmen's Compensation Act the claimant must be, in fact and in law, an employee of the alleged employer. The question whether the employer-employee relationship exists is clearly jurisdictional. Richards v. Nationwide Homes, 263 N.C. 295, 139 S.E.2d 645; Pearson v. Peerless Flooring...

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