Burr v. Everhart

The defendant’s assignment of error No. 5 is determinative of this appeal. The assignment is based on the court’s refusal to allow defendant’s motion for judgment of nonsuit, renewed at the close of all the evidence.

At the time of the plaintiff’s accident and injury he was a carpenter 60 years of age with 35 years experience in his trade. The defendant, a lady 76 years of age, was the owner of a number of tenant houses, experienced in having them repaired. The evidence is in conflict as to whether the terms of the agreement were such as made the plaintiff an independent contractor or a…