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LILES v. FAULKNER NEON & ELECTRIC COPANY

No. 242.

94 S.E.2d 790 (1956)

244 N.C. 653

Purvis Graham LILES and Mettle Pace Liles, Parents and Next of Kin of Graham Ray Liles, Deceased, v. FAULKNER NEON & ELECTRIC COPANY, Employer, and Iowa National Mutual Insurance Company, Carrier.

Supreme Court of North Carolina.

October 31, 1956.

Attorney(s) appearing for the Case

Ruark, Young & Moore, Raleigh, for defendants, appellants.

Carr & Gibbons, Wilson, for plaintiffs, appellees.

BOBBITT, Justice.

Is the evidence sufficient to support the Commission's conclusion that it would be unfair and unjust to compute decedent's "average weekly wages" by dividing his total earnings by eleven, whereby the result would be $26.88, and to warrant the finding and conclusion that the award should be based on "average weekly wages" of $34.88? The court below answered in the affirmative. We are constrained to hold that controlling statutory provisions necessitate...

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