Terry v. . Montgomery Ward Co.

186 S.E. 242, 210 N.C. 351, 1936 N.C. LEXIS 101

Opinion

Per Curiam.

Conceding without deciding that there was evidence at the trial of these actions tending to show that at the time the plaintiffs were injured, the defendant Tom Terry was an employee of his co-defendant, Montgomery Ward Company, and was not an independent contractor as contended by the defendants, we are of opinion that there was no evidence tending to show that the defendant Tom Terry was at the time of the collision engaged in the performance of any duty incident to his employment.

For this reason, there is no error in the judgment dismissing the action as to the defendant Montgomery Ward Company at the close of the evidence. See Wilkie v. Stancil, 196 N. C., 794, 147 S. E., 296; Peters v. Tea Company, 194 N. C., 172, 138 S. E., 595; Grier v. Grier, 192 N. C., 760, 135 S. E., 852.

The judgment is

Affirmed.