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FRANKLIN v. WILSON COUNTY BD. OF ED.

No. 757IC910.

224 S.E.2d 657 (1976)

29 N.C. App. 491

James Prentice FRANKLIN, Jr., widower, and James Prentice Franklin, Jr., guardian ad litem of James Prentice Franklin, III, minor child of Shelley Harris Franklin, Deceased Employee, Plaintiffs, v. WILSON COUNTY BOARD OF EDUCATION, Employer Self-Insurer, Defendant.

Court of Appeals of North Carolina.

May 19, 1976.

Attorney(s) appearing for the Case

White, Allen, Hooten & Hines by John R. Hooten, Kinston, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Ralf F. Haskell, Raleigh, for defendant-appellee.

HEDRICK, Judge.

The one question presented on this appeal is whether the Industrial Commission erred in finding and concluding that Shelley Harris Franklin's injuries and death did not arise out of and in the course of her employment as a home economics teacher for the defendant.

To be awarded compensation under the Workmen's Compensation Act, the plaintiff has the burden of showing that deceased's injury and resulting death were the result of an accident...

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