NEAL v. CLARY

No. 172.

130 S.E.2d 39 (1963)

259 N.C. 163

Mary W. NEAL v. Lawrence Rochelle CLARY, Sr.

Supreme Court of North Carolina.

March 27, 1963.


Attorney(s) appearing for the Case

Henry M. Whitesides, Gastonia, for plaintiff-appellant.

Carpenter, Webb & Golding, John A. Mraz, Charlotte, for defendant-appellee.


DENNY, Chief Justice.

The only assignment of error is to the ruling of the court below in dismissing the action for want of jurisdiction.

Ordinarily, when the pleadings in a common law tort action disclose that the parties are subject to and bound by the provisions of the North Carolina Workmen's Compensation Act with respect to the injury involved, dismissal is proper for the Industrial Commission has exclusive jurisdiction in such cases.

In the instant...

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