Brunswick Pulp & Paper Co. v. Dowling

Felton, Chief Judge.

The court erred in overruling the general demurrer to the petition. In the briefs of defendant in error and in oral argument her attorneys plant her right to recovery upon provision 5 of Code § 105-502 which provides: “If the employer retains the right to direct or control the time and manner of executing the w'ork; or interferes and assumes control, so as to create the relation of master and servant, or so that an injury results which is traceable to his interference.” There is no allegation in the petition that the employer retained the right to direct or control the…