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BYRD v. FARMERS FEDERATION COOPERATIVE

No. 22.

132 S.E.2d 348 (1963)

260 N.C. 215

Frank BYRD, Employee, v. FARMERS FEDERATION COOPERATIVE, Employer, and Nationwide Mutual Insurance Company, Carrier.

Supreme Court of North Carolina.

September 18, 1963.

Attorney(s) appearing for the Case

Hamlin, Potts, Ramsey & Hudson, Brevard, for plaintiff.

Robert L. Scott, Charlotte, for defendants.

PER CURIAM.

The facts found by the Industrial Commission are supported by competent evidence. Therefore they are conclusive on appeal. McGinnis v. Old Fort Finishing Plant, 253 N.C. 493, 117 S.E. 490. The judge below erred in ruling "as a matter of law upon the facts found by the Industrial Commission that the plaintiff herein did suffer an injury by accident as defined in G.S. 97-2(6),"...

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