BYERS v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 6823SC241.

164 S.E.2d 535 (1968)

3 N.C. App. 139

Mrs. Esther BYERS, Widow and Administratrix of the Estate of Weaver Byers, Deceased Employee v. NORTH CAROLINA STATE HIGHWAY COMMISSION, Employer, Self-Insurer, Standard Concrete Products Company, Third-Party Tort-Feasor.

Court of Appeals of North Carolina.

Certiorari Allowed January 31, 1969.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Asst. Atty. Gen. Henry T. Rosser and Trial Attorney Fred P. Parker, III, Raleigh, for defendant appellant.

Hayes & Hayes by Kyle Hayes, North Wilkesboro, for plaintiff appellee.


FRANK M. PARKER, Judge.

In this case the appeal from the order of the Industrial Commission was taken prior to 1 October 1967 and accordingly properly lay to the superior court. Had the appeal been taken on or after 1 October 1967, it would have come directly to the Court of Appeals. G.S. § 97-86, as amended by Chap. 669, 1967 Session Laws. In either case the appellate court, which was the superior court in this case, has jurisdiction to review only for errors...

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