McGINNIS v. OLD FORT FINISHING PLANT

No. 26.

117 S.E.2d 490 (1960)

253 N.C. 493

Alvin McGINNIS v. OLD FORT FINISHING PLANT and Liberty Mutual Insurance Company.

Supreme Court of North Carolina.

December 14, 1960.


Attorney(s) appearing for the Case

Paul J. Story, Marion, for plaintiff-appellant.

Van Winkle, Walton, Buck & Wall, Asheville, for defendant-appellees.


WINBORNE, Chief Justice.

Plaintiff, appellant, in brief filed states this as the questions involved on this appeal: "Did defendants, by their conduct, waive the provisions of G.S. § 97-47 as a defense to plaintiff's claim for compensation, and are said defendants now estopped to plea said statute in bar of plaintiff's right to recover herein."

In this connection the North Carolina Industrial Commission has authority under G.S. § 97-80 to make rules...

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