Williams v. SALEM YARNS, ETC.

PARKER, Judge.

With respect to time, place, and circumstances, plaintiff’s injuries were sustained in the course of his employment. Harless v. Flynn, 1 N.C. App. 448, 162 S.E. 2d 47 (1968). The question presented is whether they also resulted from an accident arising out of his employment. We hold they did not.

An assault, although an intentional act, may be an accident within the meaning of the Compensation Act, when it is unexpected and without design on the part of the employee who suffers from it. Withers v. Black, 230 N.C. 428, 53 S.E. 2d 668 (1949). To be compensable, however, the assault…