Holmes v. M. G. Brown Co.

“The condition antecedent to compensation is the occurrence of an (1) injury by accident (2) arising out of and (3) in the course of employment.” Conrad v. Foundry Co., 198 N. C., 723. The first and third antecedent occurrences are found for the plaintiff, but both the hearing Commissioner and the Industrial Commission found that the death of the deceased did not arise out of his employment, which finding, since it is supported by competent evidence, was binding upon the Superior Court and is binding upon us. Winberry v. Farley Stores, Inc., 204 N. C., 79; Webb v. Tomlinson, 202 N. C., 860,…