MOORE v. SUPERIOR STONE COMPANY

No. 181.

110 S.E.2d 459 (1959)

251 N.C. 69

Eugene MOORE, Employee, v. SUPERIOR STONE COMPANY, Employer, and Indemnity Insurance Co. of North America, Carrier.

Supreme Court of North Carolina.

October 14, 1959.


Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff.

Barden, Stith & McCotter, New Bern, for defendants.


DENNY, Justice.

In a workmen's compensation case, which has been appealed from the Commission to the Superior Court, the judge of the Superior Court has the discretionary power to grant an appellant's motion to remand for a rehearing on the ground of newly discovered evidence under proper circumstances. Byrd v. Gloucester Lumber Co., 207 N.C. 253, 176 S.E. 572.

It is contended by the movant that where a minor or one who is non compos mentis is involved...

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