BASS v. MOORESVILLE MILLS

No. 71221C234.

182 S.E.2d 246 (1971)

11 N.C. App. 631

Mrs. Sue W. BASS, Widow, et al., Plaintiffs, v. MOORESVILLE MILLS, Employer, Liberty Mutual Insurance Co., Carrier, Defendants.

Court of Appeals of North Carolina.

July 14, 1971.


Attorney(s) appearing for the Case

Hugh M. McAulay and J. C. Sedberry, Charlotte, for plaintiffs appellees Mrs. Sue Wright Bass.

Collier, Harris & Homesley by Walter H. Jones, Jr., Mooresville, for petitioners appellants.


GRAHAM, Judge.

The decedent's mother, as the sole "next of kin," is entitled to the benefits payable under the Workmen's Compensation Act if her son left no dependents within the meaning of the Act. G.S. § 97-40. The wife was not actually dependent for her support upon deceased, but under the Act she is nevertheless conclusively presumed to have been fully dependent if she qualifies as a widow within the meaning of that term as defined in the Act. G.S. §...

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