Whittington v. A. J. Schnierson & Sons, Inc.

Supreme Court of North Carolina
Whittington v. A. J. Schnierson & Sons, Inc., 122 S.E.2d 724 (N.C. 1961)
255 N.C. 724; 1961 N.C. LEXIS 686
Per Curiam

Whittington v. A. J. Schnierson & Sons, Inc.

Opinion

Peb CüRiam.

It has been repeatedly declared by this Court that an injury sustained by an employee while going to or from work does not arise in the course of his employment and is not compensable unless the employer is under a contractual duty to transport employee or furnishes the means of transportation as an incident of the contract of employment. Smith v. Gastonia, 216 N.C. 517, 5 S.E. 2d 540; Lassiter v. Telephone Co., 215 N.C. 227, 1 S.E. 2d 542; Dependents of Phifer v. Dairy, 200 N.C. 65, 156 S.E. 147.

The judgment of the court below is

Affirmed.

Reference

Full Case Name
ROSA ELLA D. WHITTINGTON, Employee, Plaintiff, v. A. J. SCHNIERSON & SONS, INC., Employer, and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Carrier, Defendants
Cited By
8 cases
Status
Published