Plemmons v. . White's Service, Inc.

A single question is determinative of this appeal: Did the death of Phoy M. Plemmons result from injury by accident arising out of and in the course of his employment? We think not, and so hold.

The N. C. Workmen’s Compensation Act provides that when used therein, unless the context otherwise requires, “the term ‘death’ as a basis for a right of compensation means only death resulting from an injury,” and “ ‘injury’ means an injury by accident arising out of and in the course of the employment. . . .” C. S., 8081 (i) (j and f). Harden v. Furniture Co., 199 N. C., 733, 155 S. E., 728.

“The…