Tomlinson Co. v. Dixie Fire Insurance

147 S.E. 925, 197 N.C. 777, 1929 N.C. LEXIS 364

• Court: Supreme Court of North Carolina
• Decided: April 17, 1929
• Status: Published

Opinion

Per Curiam.

Two questions are involved in tbe appeal: (1) Is tbe evidence sufficient in law to warrant tbe submission to tbe jury of tbe question whether B. MacKenzie was an independent contractor? (2) Was there error in refusing tbe prayer directing a verdict for tbe plaintiff ?

Three issues were submitted to tbe jury, and in response to tbe first it was found as a fact that MacKenzie was an independent contractor. Tbe second and third issues relating to tbe alleged indebtedness of tbe defendant to tbe plaintiff and to tbe plaintiff’s right to a lien on tbe premises were answered in tbe negative. Judgment was given for tbe defendant, and plaintiff excepted and appealed.

Upon an examination of tbe record we are satisfied that there was sufficient evidence to support tbe verdict upon tbe first issue, and are of opinion that no error was committed in refusing plaintiff’s prayer for special instructions directing tbe verdict for tbe plaintiff.

Tbe principles arising upon tbe exception have been so frequently before tbe Court as to make it unnecessary specifically to review tbe entire evidence in its application to tbe controlling principles of law. We find

No error.