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HARRIS v. JACK O. FARRELL, INC.

No. 769IC365.

229 S.E.2d 45 (1976)

31 N.C. App. 204

Ellis HARRIS, Son of Richard Harris, Deceased, et al., Employees, Plaintiffs, v. JACK O. FARRELL, INC., Employer, Indiana Lumbermens Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

October 20, 1976.

Attorney(s) appearing for the Case

Clayton & Ballance by Frank W. Ballance, Jr., Warrenton, for plaintiffs-appellants.

Spears, Spears, Barnes, Baker & Boles by Alexander H. Barnes, Durham, for defendants-appellees.

PARKER, Judge.

The findings of fact made by the Hearing Commissioner, which were adopted as its own by the Full Commission, are supported by competent evidence and are conclusive on this appeal. The determinative question presented by this appeal is whether the deceased employees died as result of injuries received "by accident arising out of and in the course of" their employment. G.S. 97-2(6) and (10). This is a mixed...

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