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BURTON v. AMERICAN NATIONAL INSURANCE COMPANY

No. 7118IC80.

179 S.E.2d 7 (1971)

10 N.C. App. 499

Mrs. Patricia Ann Austin BURTON, Individually as Widow and Next Friend of Gary Lee Austin, Donna Lynn Austin, and Cynthia Ann Austin, Minor Children, Colan O. Austin, Deceased, v. AMERICAN NATIONAL INSURANCE COMPANY and Continental Casualty Company.

Court of Appeals of North Carolina.

February 24, 1971.

Attorney(s) appearing for the Case

Morgan, Byerly, Post & Herring, by William L. Johnson, Jr., High Point, for plaintiff appellee.

Perry C. Henson and Thomas C. Duncan, Greensboro, for defendant appellants.

VAUGHN, Judge.

Defendants bring forth numerous assignments of error on appeal, but because of our disposition of the case, we need deal with only one of them. Defendants contend that the accident did not arise out of and in the course of the employment. "[U]nder the North Carolina Workmen's Compensation Act, Chapter 97 of the General Statutes, the condition antecedent to compensation is the occurrence of an injury (1) by accident (2) arising out of and (3) in the...

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