Hollowell v. North Carolina Department of Conservation & Development

It is manifest the assault, which resulted in Hollowell’s death, was occasioned by the testimony given by him as a witness for the State on the trial of the two Nixons. The question then occurs: Is a witness, who appears at a judicial hearing and gives evidence under the court’s precept, an employee of the party litigant in whose behalf he testifies? The answer is, No.

The liability of one to pay, and the right of another to receive, compensation, under the North Carolina Workmen’s Compensation Act, depends, in the first instance, upon some appointment or the existence of the relation of…