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FAIRES v. McDEVITT AND STREET COMPANY

No. 246.

110 S.E.2d 898 (1959)

251 N.C. 194

J. M. FAIRES, Employee, v. McDEVITT AND STREET COMPANY, Employer; Travelers Insurance Company, Carrier.

Supreme Court of North Carolina.

November 11, 1959.

Attorney(s) appearing for the Case

Carswell & Justice and Richard E. Thigpen, Jr., Charlotte, for plaintiff-appellant.

B. Irvin Boyle and J. J. Wade, Jr., Charlotte, for defendants-appellees.

MOORE, Justice.

This appeal poses one question: Does the evidence in the record support the findings of fact of the Industrial Commission and its conclusions of law based thereon that plaintiff suffered an injury by accident arising out of and in the course of his employment, resulting in a hernia?

An employee's injury resulting in a hernia is compensable only if it be definitely proven: (1) that he received...

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