Wynn v. Robinson
| Decision Date | 18 October 1939 |
| Docket Number | No. 236.,236. |
| Citation | 216 N.C. 347,4 S.E.2d 884 |
| Court | North Carolina Supreme Court |
| Parties | WYNN. v. ROBINSON et al. |
Appeal from Superior Court, Johnston County; W. J. Bone, Judge.
Death action arising out of automobile accident, by John R. Wynn, administrator, against Edward H. Robinson and the Alligator Company. From ruling denying a motion by the Alligator Company to vacate an attempted service of process, the Alligator Company appeals.
Affirmed.
Civil action to recover damages for death of plaintiff's intestate alleged to have been caused by the neglect, default orwrongful act of the defendants when the automobile driven by defendant, Edward H. Robinson, struck plaintiff's intestate as he was crossing the highway after alighting from a school bus near his home in Johnston County on the afternoon of 3 March, 1939.
Service of summons was had upon the Commissioner of Revenue of North Carolina, as agent of the nonresident defendant, The Alligator Company, under Chap. 75, Public Laws 1929.
The corporate defendant entered a special appearance and moved to vacate the attempted service of process and to dismiss for want of jurisdiction.
Touching the operation of the automobile in question the court found the following facts:
1. That the automobile was owned by Edward H. Robinson, an employee or salesman of the corporate defendant, and was being driven by him at the time, in the discharge of his duties, as such employee or salesman, from Fayetteville, N. C. to Smithfield, N. C.
2. That the corporate defendant "exercised some degree of control over Robinson with respect to the manner in which he was to engage in soliciting orders for it and the times and places therefor."
3. That the corporate defendant "exercised some degree of control over the automobile operated and owned by Robinson and the hours, times and places in which he worked."
These findings are based upon an affidavit of Robinson in which he says the details of his schedule and the control of his automobile were determined by him "subject to the approval of the company."
From denial of the motion lodged by the corporate defendant on special appearance, The Alligator Company appeals, assigning errors.
Thomas W. Ruffin, of Raleigh, for appellant.
L. L. Levinson, of Benson, and Lawrence H. Wallace, of Smithfield, for appellee.
It is provided by Chap. 75, Public Laws 1929, that in any action or proceeding against a nonresident, "growing out of any accident or collision in which said non-resident may be involved by reason of the operation by him, for him, of under his control or direction, express or implied, of a motor vehicle on [any of the public highways] of this State", service may be obtained through the Commissioner of Revenue. Compliance with the provisions of this statute is conceded in the instant case.
The question for decision is whether the automobile which struck plaintiff's intestate was being operated...
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...201 N.C. 14, 158 S.E. 548; Smith v. Haughton, 206 N.C. 587, 174 S.E. 506; Dowling v. Winters, 208 N.C. 521, 181 S.E. 751; Wynn v. Robinson, 216 N.C. 347, 4 S.E.2d 884; Alberts v. Alberts, 217 N.C. 443, 8 S.E.2d 523; Propst v. Hughes Trucking Co., 223 N.C. 490, 27 S.E.2d 152; Davis v. Martin......
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Blake v. Allen, 674.
...State", service may be obtained through the Commissioner of Revenue. Smith v. Haugh-ton, 206 N.C. 587, 174 S.E. 506; Wynn v. Robinson, 216 N.C. 347, 4 S.E.2d 884; Crab-tree v. Burroughs-White Chevrolet Sales Co, 217 N.C. 587, 9 S.E.2d 23. Though at the time of the accident here involved, de......
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Blake v. Allen
...this State", service may be obtained through the Commissioner of Revenue. Smith v. Haughton, 206 N.C. 587, 174 S.E. 506; Wynn v. Robinson, 216 N.C. 347, 4 S.E.2d 884; Crabtree v. Burroughs-White Chevrolet Sales Co., N.C. 587, 9 S.E.2d 23. Though at the time of the accident here involved, de......
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Wynn v. Robinson
...4 S.E.2d 884 216 N.C. 347 WYNN v. ROBINSON et al. No. 236.Supreme Court of North CarolinaOctober 18, Civil action to recover damages for death of plaintiff's intestate alleged to have been caused by the neglect, default or [4 S.E.2d 885.] wrongful act of the defendants when the automobile d......