Moore v. Superior Stone Company

Supreme Court of North Carolina
Moore v. Superior Stone Company, 89 S.E.2d 253 (N.C. 1955)
242 N.C. 647; 1955 N.C. LEXIS 648
Winborne, Higgins

Moore v. Superior Stone Company

Opinion

Per Curiam.

We are constrained to concur in the conclusion of the full Commission that there is sufficient circumstantial evidence in the record to sustain the finding of fact No. 8 made by the Commission and its conclusion based thereon. Since the testimony contains evidence sufficient to support the finding made by the full Commission, the court below was without authority to reverse.

Furthermore, the burden rested upon the claimant to show that his injuries arose out of his employment, and there is implicit in the positive findings and conclusions of the Commission the further finding that the plaintiff had failed to carry the burden placed on him by law. Hence, the judgment entered in the court below must be

Reversed.

WinborNE and Higgins, JJ., took no part in the consideration or decision of this case.

Reference

Full Case Name
EUGENE MOORE, Employee, v. SUPERIOR STONE COMPANY, Employer, and INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Carrier
Cited By
8 cases
Status
Published