Smith v. Cabarrus Creamery Co.

¥e consider it necessary to consider only the defendants’ contentions that plaintiff’s injury was not caused by accident within the meaning of section 2.f of the Workmen’s Compensation Act, eh. 120, Public Laws of 1929. Upon the evidence there can be no contention that whatever it was did not arise out of and in the course of the employment.

There is no definition of the term “by accident,” or of the word “accident” in the act. In the section and subsection cited, injury is defined as meaning only “injury by accident, arising out of and in the course of employment.”

Priefly stated, the…