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CLARK v. GASTONIA ICE CREAM COMPANY

No. 180.

134 S.E.2d 354 (1964)

261 N.C. 234

Dan S. CLARK, Sr., Employee, v. GASTONIA ICE CREAM COMPANY, Employer, Non-Insurer, and Lumbermens Mutual Casualty Company, Carrier.

Supreme Court of North Carolina.

January 31, 1964.

Attorney(s) appearing for the Case

Mullen, Holland & Cooke, O. A. Warren and Robert E. Gaines, Gastonia, for plaintiff appellee.

Garland & Alala, Gastonia, for defendant appellant Gastonia Ice Cream Co.

Hollowell & Stott, Gastonia, for defendant appellee Lumbermens Mut. Cas. Co

BOBBITT, Justice.

Plaintiff (an appellee) contends he sustained a compensable injury on May 3, 1960, for which he is entitled to a compensation award against Ice Cream Company. Plaintiff did not and does not assert any claim against Casualty Company.

Ice Cream Company (the appellant) contends: (1) Plaintiff did not sustain a compensable injury on May 3, 1960. (2) If he did, Casualty Company under its Policy No. OCL 614 140 is obligated to pay the compensation...

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