Teague v. Boeing Airplane Co.

The opinion of the court was delivered by

Robb, J.:

This is an appeal in a workmen’s compensation case by the respondent employer and its insurance carrier from a judgment of a district court affirming an award in favor of claimant.

We shall continue to refer to the parties as claimant and respondents as we consider the single question raised on appeal which involves two portions of the compensation act — G. S. 1949, 44-501, and the following provision of G. S. 1949, 44-508:

“. . . (k) The words ‘arising out of and in the course of employment’ as used in this act shall not be construed to include…