Holt v. Cannon Mills Co.

Supreme Court of North Carolina

Holt v. Cannon Mills Co.

105 S.E.2d 614, 249 N.C. 215, 1958 N.C. LEXIS 445

CourtSupreme Court of North Carolina

DecidedNovember 19, 1958

Docket527

StatusPublished

Cited by8 cases

This text of 105 S.E.2d 614 (Holt v. Cannon Mills Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holt v. Cannon Mills Co., 105 S.E.2d 614, 249 N.C. 215, 1958 N.C. LEXIS 445 (N.C. 1958).

Pincite

Opinion

Pee Curiam.

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.

PARKER, J., not sitting.

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