Johnston v. Phoenix Utility Co.

148 S.E. 429, 197 N.C. 393, 1929 N.C. LEXIS 246

• Court: Supreme Court of North Carolina
• Decided: June 12, 1929
• Status: Published

Opinion

Per Curiam.

The plaintiff alleged a joint cause of action against the corporate defendant and the individual defendants. The petition for remoyal denies that the defendants, Lincoln and Bassett, were citizens of North Carolina, but admits that the defendant, Morgan, was a citizen and resident of North Carolina. Said petition of removal further admits'that said Morgan • was a general foreman, and that plaintiff "was.under the direct supervision of the defendant, G. W. Morgan,” and “that it was the duty of the defendant, G. W. Morgan, to transmit to the several foremen on the job such orders and directions as he had received from the general superintendent ... as well as to go from.-place to place on said work, see-that the same was progressing according to plans • and specifications, and to generally observe and report the progress made thereon.”

While it is denied that Morgan was actually present at the time plaintiff was injured, it clearly appears that he was, so far as the plaintiff was concerned, the-general representative or alter ego of the corporate, defendant because: he was charged with the duty of delivering instructions to the workmen;;and; of determining whether the work was done,according to plans and specifications. It further appears-that the plaintiff was at the time of his injury under the direct supervision of said defendant Morgan.

-Upon this state of facts the judgment is affirmed upon the authority of Givens v. Mfg. Co., 196 N. C., 377.

Affirmed.