HEFNER v. HEFNER PLUMBING COMPANY

No. 236.

113 S.E.2d 565 (1960)

252 N.C. 277

Jack B. HEFNER, Employee, v. HEFNER PLUMBING COMPANY, Inc., Employer, and United States Fidelity & Guaranty Company, Insurance Carrier.

Supreme Court of North Carolina.

April 6, 1960.


Attorney(s) appearing for the Case

Robert L. Scott, Charlotte, for plaintiff-appellant.

Robinson, Jones & Hewson, Charlotte, for defendant-appellee.


WINBORNE, Chief Justice.

This is the determinative question on this appeal: May an employee injured in the course of his employment by the negligent act of a third party, after settlement with the third party for an amount in excess of his employer's liability, and after disbursement of the proceeds of such settlement, recover compensation from his employer in a proceeding under the Workmen's Compensation Act. In the light of the provisions of the Act as interpreted...

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