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ESSICK v. CITY OF LEXINGTON

No. 678.

60 S.E.2d 106 (1950)

232 N.C. 200

ESSICK v. CITY OF LEXINGTON et al.

Supreme Court of North Carolina.

June 9, 1950.

Attorney(s) appearing for the Case

S. A. DeLapp, Don A. Walser, Lexington, for plaintiff, appellant.

S. A. DeLapp, Don A. Walser, Lexington, Smith, Wharton, Sapp & Moore, Greensboro, for Dixie Furniture Company, H. T. Link and A. F. Taylor, additional defendants, appellants.

Jones & Small, Charlotte, John H. Small, Charlotte, P. V. Critcher, Lexington, for City of Lexington and Lexington Utility Commission, defendants, appellees.

SEAWELL, Justice.

On this appeal we have to deal with a variety of unusual claims set up by the appellees and controverted by the appellants, and quite a number of novel concepts of applicable law relating to the defenses available in the instant case. The legal controversy arises in part over the apparent inability to reconcile provisions of the Workmen's Compensation Act with the common law, which it very substantially...

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