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ROBBINS v. NICHOLSON

No. 7122IC145.

179 S.E.2d 183 (1971)

10 N.C. App. 421

Clydene W. ROBBINS, Widow; Clydene W. Robbins, Next Friend of Sarah Edith Robbins, Larry Dean Robbins, Charles Randy Robbins and Kathy Darlene Robbins, Children of Charlie Robbins, Dec'd. and Velma Hewitt Weaver, Next Friend of Danny Lewis and Cynthia Leigh Lewis, Children of Mrs. Terri D. Lewis, Dec'd. v. O. T. NICHOLSON, Employer; Casualty Reciprocal Exchange Carrier.

Court of Appeals of North Carolina.

Certiorari Allowed May 4, 1971.

Attorney(s) appearing for the Case

T. H. Suddarth, Jr., and Jack E. Klass, Lexington, for plaintiffs Robbins, appellees.

J. Lee Wilson and Ned A. Beeker, Lexington, for plaintiffs Lewis, appellees.

Kennedy, Covington, Lobdell & Hickman by Edgar Love, III, Charlotte, for defendants appellants.

Certiorari Allowed by Supreme Court May 4, 1971.

BRITT, Judge.

Did the injuries and resulting deaths of Terri and Robbins arise "out of their employment" within the meaning of the Workmen's Compensation Act? The Industrial Commission answered in the affirmative and we think the Commission's decision should be affirmed.

The two basic contentions of defendants are: (1) the Commission committed reversible error in refusing to admit testimony of a witness...

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