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HORNEY v. MEREDITH SWIMMING POOL COMPANY

No. 691.

148 S.E.2d 554 (1966)

267 N.C. 521

J. A. HORNEY, Administrator of the Estate of Richard Eugene Horney, Deceased v. MEREDITH SWIMMING POOL COMPANY, Inc., and David Meredith.

Supreme Court of North Carolina.

June 16, 1966.

Attorney(s) appearing for the Case

Schoch, Schoch & Schoch, High Point, for plaintiff appellant.

Jordan, Wright, Henson & Nichols and Edward L. Murrelle, Greensboro, for Meredith Swimming Pool Company, Inc., defendant appellee.

Booth, Osteen, Fish & Adams, Greensboro, for David Meredith, defendant appellee.

BOBBITT, Justice.

For purposes of this appeal, we assume, as do the parties in their briefs, (1) that Horney and Pool Company were subject to and bound by the provisions of the Workmen's Compensation Act; (2) that Horney was fatally injured by accident arising out of and in the course of his employment by Pool Company; and (3) that the complaint (sufficiently) alleges Horney's injury and death were proximately caused by the negligence of defendants.

Plaintiff...

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