Bolling v. . Belk-White Co.

Tbe claimants frankly concede that tbe award, if sustained, must be made to rest on presumptions. Tbe hiatus in tbe case arises from tbe fact tbat while there may be a presumption of injury by accident, which occurred in tbe course of tbe employment, there is neither presumption nor evidence to support tbe conclusion tbat tbe injury arose out of tbe employment. Taylor v. Wake Forest, ante, 346; Lewis v. Ins. Co., 226 N. C., 325, 38. S. E. (2d), 97; Anno. 120 A. L. R., 683. This defeats tbe award.

There is no suggestion tbat tbe deceased was authorized to keep a pistol or to use it in tbe…