O'Mary v. Land Clearing Corporation

The one question presented by plaintiff’s appeal is stated in his brief as follows: “Were the facts found by the North Carolina Industrial Commission sufficient to support the judgment of the Superior Court which affirmed that the plaintiff’s injury on August 10, 1961 did not constitute an accident within the meaning of the North Carolina Workmen’s Compensation Act?”

The pertinent findings of fact are set out verbatim in the following numbered paragraphs:

“1. That the plaintiff employee went to work for the defendant employer on August 4, 1961, as a foreman, with eight men under him, and that…