Michaux v. Gate City Orange Crush Bottling Co.

The claimant was employed as a truck helper by the driver thereof, with the consent and approval of the employer, Gate City Orange Crush Bottling Company. Moreover, bis services were necessary to the proper and efficient distribution of the products of the employer. He was injured in attempting to climb upon the truck to which he had been assigned in the prosecution of the business of the owner. Hayes v. Creamery, 195 N. C., 313, 141 S. E., 340.

Assuming that it was a negligent act for this boy to attempt to mount a moving truck, nevertheless “it is generally conceded by all courts that the…