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STEWART v. NORTH CAROLINA DEPT. OF CORRECTIONS

No. 7611IC82.

225 S.E.2d 336 (1976)

29 N.C. App. 735

Larry H. STEWART, Employee, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS, Employer Self-Insured.

Court of Appeals of North Carolina.

June 16, 1976.

Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay, by Robert M. Clay, Raleigh, for plaintiff appellee.

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Elisha H. Bunting, Jr., Raleigh, for defendant appellant.

BRITT, Judge.

Defendant assigns as error the finding of fact and conclusion of law that the accident causing plaintiff's injury arose out of and in the course of his employment. We find no merit in the assignment.

To be compensable an accident must arise out of the course and scope of employment. Loflin v. Loflin, 13 N.C. App. 574, 186 S.E.2d 660

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