Supreme Court of North Carolina, 1961

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

Whittington v. A. J. Schnierson & Sons, Inc.
Supreme Court of North Carolina · Decided November 22, 1961 · Per Curiam
122 S.E.2d 724; 255 N.C. 724; 1961 N.C. LEXIS 686 (South Eastern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.