Martin v. Bonclarken Assembly

SHARP, Chief Justice.

The question this appeal presents is whether the evidence before the Industrial Commission is sufficient to support its findings and conclusion that Vincent Martin’s accidental death by drowning resulted from an accident arising out of and in the course of his employment. G.S. 97-2(6) (1972); Keller v. Waring Co., 259 N.C. 222, 130 S.E. 2d 342 (1963); Henry v. Leather Co., 231 N.C. 477, 57 S.E. 2d 760 (1950). These two italicized phrases are not synonymous; they “involve two ideas and impose a double condition, both of which must be satisfied in order to bring a case…