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FERRELL v. MONTGOMERY & ALDRIDGE SALES CO.

No. 671.

136 S.E.2d 227 (1964)

262 N.C. 76

Mrs. Margaret Dowdy FERRELL, Widow, Faye Elizabeth Ferrell, Daughter, by her Next Friend, Eugene C. Brooks, III, Lewis E. Ferrell, Deceased, Employee, v. MONTGOMERY & ALDRIDGE SALES CO., Employer, Travelers Insurance Company, Carrier.

Supreme Court of North Carolina.

May 20, 1964.

Attorney(s) appearing for the Case

Brooks & Brooks, by Eugene C. Brooks, III, Durham, for plaintiff appellees.

Spears, Spears & Barnes, by Marshall T. Spears, Jr., Durham, for defendant appellants.

HIGGINS, Justice.

The evidence disclosed that Lewis E. Ferrell, on and prior to July 28, 1961, was service manager of the appliance and service department of Montgomery and Aldridge Sales Company—dealers in refrigerators, ranges, and other appliances. "He was approximately six feet tall and weighed about 180 to 190 pounds, and was a muscular man," age 50 years. He had worked for the same employer for 17 years and had been out for health reasons "from September...

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