Modern Electric Company v. Dennis

This is the second appeal in this case. The first is reported in 255 N.C. 64, 120 S.E. 2d 533. The evidence in the two trials was substantially the same, and reference is made to the former opinion for a full resume of both the pleadings and the evidence. Briefly, the controversy revolves around this question: Did plaintiff employ defendant as an independant contractor to unload and hoist the switchboard to the second floor of the building or did plaintiff merely lease'defendant’s servant and equipment in order to do the job himself? If, in the hoisting operation, the operator of the crane,…