Hinson v. Creech
North Carolina Supreme Court
209 S.E.2d 471, 286 N.C. 156 (1974)
- Written by Serena Lipski, JD
Facts
John W. Creech (defendant) and Jean Creech (defendant) were engaged in the production and sale of eggs under the name Eugene Jackson Egg Service (Eugene) (defendant). Eugene owned hens that they kept in 12 laying houses on their premises. The eggs were cleaned, graded, and packaged on Eugene’s premises. Eugene then delivered the eggs to customers, including stores, restaurants, and individuals. Nannie Mae Hinson worked for Eugene cleaning, grading, packaging, and delivering eggs as well as keeping records of her sales and collecting payments for her deliveries. On December 3, 1971, Nannie Mae was driving a Eugene truck to deliver eggs when she was killed in a motor-vehicle accident. Hinson’s husband, Wilbur Hinson (plaintiff), filed a claim for workers’-compensation death benefits. The Industrial Commission determined that Nannie Mae was a farm laborer and Eugene was engaged in agricultural employment, making Eugene exempt from workers’ compensation under North Carolina law, and it denied Wilbur’s claim. Wilbur appealed. The court of appeals affirmed, and Wilbur again appealed.
Rule of Law
Issue
Holding and Reasoning (Branch, J.)
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