Evans ex rel. Evans v. Elliott

Assuming the contract between appellant and its co-defendant to he as it appears in defendant’s evidence, meagre as it is, we think it must he construed as constituting Elliott an independent contractor. The existence of such a contract, however, was a matter to be proved by defendant. The offices of the jury might be called on in this *258respect, whether by separate issue or on appropriate instruction, but the jury could not he allowed to interpret its legal effect. Drake v. Asheville, 194 N. C., 6, 138 S. E., 343.

But this does not work a complete exoneration of the appealing defendant. Without…