VAUSE v. VAUSE FARM EQUIPMENT CO.

No. 668.

63 S.E.2d 173 (1951)

233 N.C. 88

VAUSE v. VAUSE FARM EQUIPMENT Co., Inc., et al.

Supreme Court of North Carolina.

February 2, 1951.


Attorney(s) appearing for the Case

Nance & Barrington, Fayetteville, for plaintiff, appellee.

H. L. Anderson, Fayetteville, and Smith, Leach & Anderson, Raleigh, for defendants, appellants.


JOHNSON, Justice.

The decisive question presented here is: Was there any evidence before the Industrial Commission upon which it could make a finding of fact that plaintiff was injured by an accident arising out of his employment? A careful study of the record impels a negative answer. All of the evidence below points to the plaintiff's epileptic seizure as the sole cause of his injury.

The Workmen's Compensation Act expressly provides that a "personal injury...

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