Hardy v. Small

The findings of fact, amply supported by competent evidence, establish, inter alia, that the deceased was an employee. Defendants’ contention that this thirteen year old boy was an independent contractor in respect of the farm chores assigned to him when fatally injured is without merit. It is clear that the employer had the right to direct him in his work and to discharge him with or without cause. It is unnecessary to restate the factors that distinguish an independent contractor from an employee. McCraw v. Mills, Inc., 233 N.C. 524, 64 S.E. 2d 658, and cases cited.

Defendants’ primary…