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Moore v. Superior Stone Company

89 S.E.2d 253, 242 N.C. 647, 1955 N.C. LEXIS 648
CourtSupreme Court of North Carolina
DecidedSeptember 28, 1955
Docket166
StatusPublished
Cited by8 cases

This text of 89 S.E.2d 253 (Moore v. Superior Stone Company) 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
Moore v. Superior Stone Company, 89 S.E.2d 253, 242 N.C. 647, 1955 N.C. LEXIS 648 (N.C. 1955).

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.

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Cite This Page — Counsel Stack

Bluebook (online)
89 S.E.2d 253, 242 N.C. 647, 1955 N.C. LEXIS 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-superior-stone-company-nc-1955.