WESLEY v. LEA

No. 384.

114 S.E.2d 350 (1960)

252 N.C. 540

Bryant B. WESLEY, by his Next Friend, John Wesley, v. Charlie M. LEA.

Supreme Court of North Carolina.

May 18, 1960.


Attorney(s) appearing for the Case

Donald J. Dorey, R. B. Dawes, Jr., and R. B. Dawes, Sr., Roxboro, for plaintiff.

Spears, Spears & Powe, Durham, for defendant.


MOORE, Justice.

The ultimate question for decision on this appeal is whether the trial court had jurisdiction to proceed to judgment in the common-law action for damages for personal injuries arising from alleged actionable negligence, or whether the action is in the exclusive original jurisdiction of the Industrial Commission under the Workmen's Compensation Act, G.S. § 97-1 et seq.

If the trial court had jurisdiction, plaintiff has made out a prima...

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