Northwestern Distributors, Inc. v. N. C. Department of Transportation

CLARK, Judge.

Plaintiff’s claim is based on its affidavit alleging negligence on the part of Joe Bill Moxley, defendant’s employee who stopped the truck across the highway. Commissioner Shuford and the Full Commission found that plaintiff was not contributorily negligent. But the Full Commission found that defendant’s employee Moxley was not negligent since at the time of the collision he was dumping dirt from the truck “into a field chosen by the foreman and . . . was acting under these instructions.” The Full Commission in a “Comment” added:

“. . . If the employee had authority to post signs…