ALLRED v. ALLRED-GARDNER, INCORPORATED

No. 593.

117 S.E.2d 476 (1960)

253 N.C. 554

Walter L. ALLRED (Employee) v. ALLRED-GARDNER, INCORPORATED (Employer), and Fidelity & Casualty Company of N. Y. (Carrier).

Supreme Court of North Carolina.

December 14, 1960.


Attorney(s) appearing for the Case

Hoyle, Boone, Dees & Johnson, by J. Sam Johnson, Jr., Greensboro, for plaintiff, appellee.

Smith, Moore, Smith, Schell & Hunter, by Richmond G. Bernhardt, Jr., Greensboro, for defendants, appellants.


HIGGINS, Justice.

The essential facts are not in dispute. They are correctly stated in the findings of the deputy commissioner. The sole question presented is whether claimant sustained an injury arising out of and in the course of his employment. This is a mixed question of law and fact.

The defendants contend the cause of the accident was the claimant's loss of control of his vehicle by reason of his having blacked out; that the blackout was totally unrelated...

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