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COUSINS v. HOOD

No. 703IC100.

174 S.E.2d 297 (1970)

Albert Ray COUSINS, Employee, v. Alvin S. HOOD, Employer.

Court of Appeals of North Carolina.

May 27, 1970.

Attorney(s) appearing for the Case

Robert G. Bowers, New Bern, for employee-appellee.

Dunn & Dunn, by Raymond E. Dunn, New Bern, for employer-appellant.

CAMPBELL, Judge.

The sole question before us on appeal is whether, at the time of Albert's injury, Hood regularly employed five or more persons and was subject to and bound by the Workmen's Compensation Act.

If Hood did not "regularly employ" five or more employees, he is not subject to and bound by the Act. The statute G.S. § 97-2(1) does not define "regularly employed."

The undisputed evidence discloses that on 15 April 1968 and for sometime...

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