McNair Ex Rel. McNeil v. Ward
Cases that cite this one
7 later published cases cite this decision.
- Lemmerman v. A. T. Williams Oil Co. (N.C. 1986)
- Trivette v. Yount (N.C. 2012)
- Lennie v. Profile Products, LLC (N.C. 2007)
- Horney v. Meredith Swimming Pool Company (N.C. 1966)
- Burgess Ex Rel. Burgess v. Gibbs (N.C. 1964)
- Weaver v. Bennett (N.C. 1963)
- Powers v. Robeson County Memorial Hospital, Inc. (N.C. 1955)
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
The evidence calls into play the presumption that the infant plaintiff and his employers have accepted the provisions of the North Carolina Workmen’s Compensation Act. G.S. 97-3; Pilley v. Cotton Mills, 201 N.C. 426, 160 S.E. 479. Consequently the presiding judge did not err in nonsuiting the action as to the employers (Tscheiller v. Weaving Co., 214 N.C. 449, 199 S.E. 623; Lee v. American Enka, 212 N.C. 455, 193 S.E. 809; Miller v. Roberts, 212 N.C. 126, 193 S.E. 286; Francis v. Wood Turning Co., 208 N.C. 517, 181 S.E. 628; McNeely v. Asbestos Co., 206 N.C. 568, 174 S.E. 509), or as to Lorenz, who was conducting their business for them. G.S. 97-9; G.S. 97-10; Warner v. Leder, 234 N.C. 727, 69 S.E. 2d 6. The validity of these conclusions is not impaired in any degree by the fact that the employers may have hired the infant plaintiff contrary to law. G.S. 97-2 (b); G.S. 97-10; Lineberry v. Mebane, 219 N.C. 257, 13 S.E. 2d 429.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.