Beavers v. Lily Mill & Power Co.
Cases that cite this one
11 later published cases cite this decision.
- Poteete v. North State Pyrophyllite Co. (N.C. 1954)
- Sweatt v. Rutherford County Board of Education (N.C. 1953)
- Bell v. Dewey Bros. (N.C. 1952)
- Berry v. Colonial Furniture Co. (N.C. 1950)
- Taylor v. Town of Wake Forest (N.C. 1947)
- Barber v. . Minges (N.C. 1943)
- Wilson v. . Mooresville (N.C. 1942)
- Wilson v. Town of Mooresville (N.C. 1942)
- Plemmons v. . White's Service, Inc. (N.C. 1938)
- Hollowell v. North Carolina Department of Conservation & Development (N.C. 1934)
- MacRae v. Unemployment Compensation Commission (N.C. 1940)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The sole question presented by the appeal is whether plaintiff was injured by accident arising out of and in the course of her employment. We think not. Conrad v. Foundry Co., 198 N. C., 723, 153 S. E., 266.
It is true, the accident took place on the mill premises. But it could hardly be said to have arisen “out of and in the course of the employment,” both of which are necessary to justify an award under the Workmen’s Compensation Act. Hunt v. State, 201 N. C., 707, 161 S. E., 203; Harden v. Furniture Co., 199 N. C., 733, 155 S. E., 728. It was not the result of one of the risks incident to the employment. Cennell v. Daniels *36 Co., 203 Mich., 73, 7 A. L. R., 1301. Tbe condition antecedent to compensation is tbe occurrence of an injury (1) by accident, (2) arising out of and (3) in tbe course of the employment. Conrad v. Foundry Co., supra; 28 R. C. L., 801.
In tbe light of tbe facts, wbicb are not in dispute, we are constrained to believe tbat plaintiff was not injured “by accident arising out of and in tbe course of tbe employment.” Cbap. 120, P. L., 1929, sec. 2(f).
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.