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ALFORD v. VICTORY CAB CO., INC.

No. 7626IC345.

228 S.E.2d 43 (1976)

30 N.C. App. 657

Johnny ALFORD, Employee-Plaintiff, Appellant, v. VICTORY CAB COMPANY, INC., Employer-Defendant, and American Mutual Liability Insurance Company, Carrier-Defendants, Appellees.

Court of Appeals of North Carolina.

September 15, 1976.

Attorney(s) appearing for the Case

Barry M. Storick, Charlotte, for employee-plaintiff, appellant.

Hedrick, Parham, Helms, Kellam & Feerick by Philip R. Hedrick and Edward L. Eatman, Jr., Charlotte, for carrier-defendants, appellees.

ARNOLD, Judge.

This appeal presents the question of whether appellant was an employee or an independent contractor. Appellant contends that he was not an independent contractor. He supports his argument by several cases from other jurisdictions. Our research reveals additional authority outside this State in support of the contention that a taxicab driver who rents his cab and keeps his fares and tips as compensation is...

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