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PULLEY v. MIGRANT & SEASONAL FARM-WORKERS ASS'N

No. 7610IC154.

226 S.E.2d 227 (1976)

30 N.C. App. 94

Thomas Alton PULLEY, Employee-Plaintiff, v. MIGRANT & SEASONAL FARM-WORKERS ASSOCIATION, Employer-Defendant, and the Home Indemnity Company, Carrier-Defendant.

Court of Appeals of North Carolina.

July 7, 1976.

Attorney(s) appearing for the Case

Thomas S. Erwin, Raleigh, for employee-plaintiff.

Hedrick, Parham, Helms, Kellam & Feerick by Edward L. Eatman, Jr., Charlotte, for carrier-defendants.

CLARK, Judge.

The added finding of fact by the Full Commission that "As the plaintiff was picking up his side of the refrigerator, it slipped and he got a catch in his back. . ." is not supported by the evidence. Plaintiff testified:

"Q. Well, when you felt this catch, did you let go of your side? A. The refrigerator slipped down, yes, sir."

Linwood Sexton testified, as summarized in the record on appeal, that he was on one side and plaintiff...

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