Cousins v. Hood

The sole question before us on appeal is whether, at the time of Albert’s injury, Hood regularly employed five or more persons and was subject to and bound by the Workmen’s Compensation Act.

If Hood did not “regularly employ” five or more employees, he is not subject to and bound by the Act. The statute G.S. 97-2(1) does not define “regularly employed.”

The undisputed evidence discloses that on 15 April 1968 and for sometime prior thereto Hood operated two automobile service stations. One was a Texaco station located on East Front Street in New Bern. The other was a Sinclair service station…