Wimbish v. Wimbish Aviation, Inc.
Wimbish v. Wimbish Aviation, Inc.
Opinion of the Court
No exceptions are noted in the Record on Appeal.
“An appeal is itself an exception to the judgment and to any matter appearing on the face of the record proper. . . .
In Bryan v. Church, 267 N.C. 111, 147 S.E. 2d 633, the Court said:
“ ‘So it has been stated as a general proposition that the phrase “out of and in the course of the employment” embraces only those accidents which happen to a servant while he is engaged in the discharge of some function or duty which he is authorized to undertake and which is calculated to further, directly or indirectly, the master’s business.’ ”
In our opinion, the determination that the deceased did not sustain an injury by accident arising out of and in the course of his employment is supported by the findings of fact, the correctness of which, due to the state of the record, is not before us on this appeal.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.