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BOYD v. MITCHELL

No. 7910IC1019.

268 S.E.2d 252 (1980)

48 N.C. App. 219

Howard Lee BOYD, Employee Plaintiff, v. David MITCHELL and/or Banner-Mitchell Warehouse, Employer, South Carolina Insurance Co., Carrier, Defendants.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Bobby W. Rogers, Henderson, for plaintiff-appellee.

Johnson, Patterson, Dilthey & Clay, by I. Edward Johnson and Robert W. Sumner, Raleigh, for defendants-appellants.

ROBERT M. MARTIN, Judge.

We affirm the decision of the Industrial Commission. Johnson v. Hosiery Co., 199 N.C. 38, 153 S.E. 591 (1930) holds that under G. S. 97-2 an accident is compensable if it happens in employment incident to the proper operation of a business although the employment is casual. Deputy Commissioner Roney found facts to the effect that the plaintiff was employed by David Mitchell primarily to do farm work, that at the time

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