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GARRETT v. GARRETT & GARRETT FARMS

No. 7810IC169.

249 S.E.2d 808 (1978)

39 N.C. App. 210

Philip M. GARRETT, Plaintiff, v. GARRETT & GARRETT FARMS, Employer, North Carolina Farm Bureau Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

December 19, 1978.

Attorney(s) appearing for the Case

LeRoy, Wells, Shaw, Hornthal, Riley & Shearin by Roy A. Archbell, Jr. and Norman W. Shearin, Jr., Kitty Hawk, for plaintiff-appellant.

White, Hall, Mullen, Brumsey & Small by Gerald F. White, Elizabeth City, for defendants-appellees.

HARRY C. MARTIN, Judge.

Plaintiff assigns as error the dismissal of the claim for lack of jurisdiction. At the outset, we note that Farm Bureau does not contest that plaintiff was injured by an accident arising out of and in the course of employment. The Commission so found in its finding of fact 7, and Farm Bureau did not except or object. Likewise we note that plaintiff's work was farming, ordinarily exempt from the requirements of the Workmen's Compensation Act...

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