FETNER v. ROCKY MOUNT MARBLE & GRANITE WORKS

No. 257.

111 S.E.2d 324 (1959)

251 N.C. 296

Mrs. C. J. FETNER, Sister; Helen J. Wright, Guardian; Preston T. Wright, Brother; Marvin F. Wright, Employee, v. ROCKY MOUNT MARBLE & GRANITE WORKS, Non-Insurer (Employer); United States Fidelity & Guaranty Company, Carrier.

Supreme Court of North Carolina.

November 25, 1959.


Attorney(s) appearing for the Case

Ruark, Young, Moore & Henderson, Raleigh, and A. A. Reaves, Hamlet, for plaintiffs, appellees.

I. Weisner Farmer, Raleigh, for defendant Rocky Mount Marble & Granite Works, appellant.

Thomas A. Banks and R. L. Savage, Raleigh, for defendant United States Fidelity & Guaranty Company, appellant.


MOORE, Justice.

The first question for decision is whether or not the insurance carrier was on the risk during the period of employee's "last injurious exposure" to silica dust so as to impose liability on the carrier.

Defendant employer insists that employee became disabled as disablement is defined by G.S. § 97-54 on 5 July 1951. Dr. Swisher testified: "In my opinion Mr. Wright was incapacitated from performing any normal labor as a stonecutter on July...

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