Holt v. Cannon Mills Co.
Cases that cite this one
8 later published cases cite this decision.
- Russell v. Pharr Yarns, Inc. (N.C. Ct. App. 1973)
- Lawrence v. Hatch Mill (N.C. 1965)
- O'Mary v. Land Clearing Corporation (N.C. 1964)
- Keller v. ELECTRIC WIRING COMPANY (N.C. 1963)
- Pardue v. BLACKBURN BROTHERS OIL & TIRE COMPANY (N.C. 1963)
- Harding v. THOMAS AND HOWARD COMPANY (N.C. 1962)
- Searcy v. Branson (N.C. 1960)
- Faires v. McDevitt and Street Company (N.C. 1959)
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
There is no evidence disclosed on this record to show that the work of the employee at the time he suffered the hernia was being performed in other than the usual and customary manner. Hence, the conclusion that the plaintiff suffered an injury by accident arising out of and in the course of his employment, resulting in a hernia, is not supported by the evidence.
Therefore, the judgment of the court below is reversed on authority of Hensley v. Cooperative, 246 N.C. 274, 98 S.E. 2d 289. and similar decisions of this Court.
As pointed out in the cited case, the interpretation so consistently given to the statute, G.S. 97-2 (r), should be followed. However, if an employee ought to recover upon facts like those revealed on the present record, or upon substantially similar facts, then in our opinion it is within the province of the Legislature rather than the courts to authorize recovery under such circumstances.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.