Roth v. McCord & Dellinger

There is no contest as to the right of plaintiffs to death benefit compensation under the Workmen’s Compensation Act. G-.S. 97-38, et seq. The controversy is as to which group of defendants is liable therefor. As to this there is no valid ground for debate. The judgment entered must be affirmed for two reasons:(1) Roth, at the time of his injury and death, was operating a vehicle being used by the Motor Lines to haul freight in the course of its business as a common carrier under franchise from the Interstate Commerce Commission. The vehicle was being operated under its identification plate.…