COX v. PITT COUNTY TRANSPORTATION COMPANY

No. 89.

129 S.E.2d 589 (1963)

259 N.C. 38

Annie Lee COX, Administratrix of the Estate of Simon W. Cox, Deceased, and Guardian of Simon Ray Cox and others, minor dependents of Simon W. Cox, Deceased, v. PITT COUNTY TRANSPORTATION COMPANY, Inc., and Fidelity & Casualty Company of New York, Compensation Carrier.

Supreme Court of North Carolina.

March 6, 1963.


Attorney(s) appearing for the Case

Lewis G. Cooper and Charles H. Whedbee, Greenville, for plaintiffs.

Teague, Johnson & Patterson, Raleigh, for defendants.


DENNY, Chief Justice.

The primary question presented on this appeal is whether our Declaratory Judgment Act may be used to determine whether or not the employer's insurance carrier is entitled to the right of subrogation against the funds received from the third party, tort feasor, under the provisions of G.S. § 97-10.2, or does the Industrial Commission have the exclusive original jurisdiction to determine the question posed herein.

It is pointed out...

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