MULDROW v. WEINSTEIN

No. 450.

68 S.E.2d 249 (1951)

234 N.C. 587

MULDROW v. WEINSTEIN et al.

Supreme Court of North Carolina.

December 12, 1951.


Attorney(s) appearing for the Case

W. Brantley Womble, and Bickett & Banks, all of Raleigh, for plaintiff, appellee.

Ehringhaus & Ehringhaus, Raleigh, for defendants, appellants.


DEVIN, Chief Justice.

Though the plaintiff's injury was sustained in the course of his employment by the defendants, employers of more than five persons in the same business, the defendants in the manner prescribed by G.S. § 97-4 had exempted themselves from the operation of the Workmen's Compensation Act. Accordingly plaintiff instituted common-law action to recover damages for the injury on the ground of negligence. Under these circumstances the defendants...

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