Barney v. North Carolina State Highway Commission

LAKE, Justice.

Upon an appeal from the Industrial Commission in a proceeding under the Tort Claims Act, a finding of fact by the Commission, other than a jurisdictional finding, is conclusive if there is any competent evidence in the record to support it. Bailey v. Dept. of Mental Health, 272 N.C. 680, 159 S.E. 2d 28; Mica Co. v. Board of Education, 246 N.C. 714, 100 S.E. 2d 72. The Commission’s designation of a declaration by it as a finding of fact is not conclusive, however. Brown v. Board of Education, 269 N.C. 667, 153 S.E. 2d 335. Negligence and contributory negligence are mixed…