Cardinal v. Prudential Insurance Co. of North America

The proceeding is under the workmen’s compensation act, G. S. 1923 (1 Mason, 1927) § 4261, et seq.

Section 4268 provides that the act shall not apply to “domestic servants, farm laborers or persons whose employment at the time of the injury is casual, and not in the usual course of the trade, business, profession or occupation of his employer.”

The term “employer” is defined in § 4326(d) ; and the term “employe” is defined in § 4326(g), subds. (1) and (2). Further definition is unnecessary for our present purpose.

The defendants make two general claims:(1) That the plaintiff, Cardinal, was an…