Burton v. American National Insurance

VAUGHN, Judge.

Defendants bring forth numerous assignments of error on appeal, but because of our disposition of the case, we need deal with only one of them. Defendants contend that the accident did not arise out of and in the course of the employment. “[Ujnder the North Carolina Workmen’s Compensation Act, Chapter 97 of the General Statutes, the condition antecedent to compensation is the occurrence of an injury (1) by accident (2) arising out of and (3) in the course of employment.” Berry v. Furniture Co., 232 N.C. 303, 60 S.E. 2d 97.

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