Phillips v. Stowe Mills, Inc.

DEFENDANT’S APPEAL

At the commencement of the trial, Judge Snepp first considered the defendant’s plea in bar. The defendant contended that, since Pharr was a wholly-owned subsidiary of the defendant, it was conducting the business of the defendant; the plaintiff thereby occupied a position tantamount to an employee of the defendant; under the North Carolina Workmen’s Compensation Act, the only remedy available to such an employee was that provided for pursuant to such act; therefore, this civil action did not lie. After hearing evidence on> this question, Judge Snepp entered an order finding…