ROBINSON v. WHITLEY MOVING & STORAGE, INC.

No. 7710SC693.

246 S.E.2d 839 (1978)

Thomas L. ROBINSON v. WHITLEY MOVING AND STORAGE, INC., Western Electric Company, and Southern Bell Telephone and Telegraph Company.

Court of Appeals of North Carolina.

August 29, 1978.


Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald & Fountain by Wright T. Dixon, Jr., and Richard G. Chaney, Raleigh, for plaintiff-appellant.

Teague, Johnson, Patterson, Dilthey & Clay by I. Edward Johnson and Robert W. Kaylor, Raleigh, for defendant-appellee Western Elec. Co.

Robert L. Emanuel, Raleigh, for defendant-appellee Southern Bell Tel. & Tel. Co.


ERWIN, Judge.

The first question presented by the plaintiff for our determination is: Was it error for the trial court to grant the defendant's (Western Electric's) motion for a directed verdict, taking the evidence presented at the trial in the light most favorable to the plaintiff?

The plaintiff contends that under the terms of the contract as well as the actual course of performance, Whitley was a servant of Western Electric and not an independent contractor...

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