Rewis v. New York Life Insurance
Supreme Court of North Carolina
Appeal by defendants from Grady, Emergency Judge, at January Term, 1946, of Waee. Proceeding under Workmen’s Compensation Act to determine liability of New York Life Insurance Company (Employer) and Travelers Insurance Company (Carrier) to Mrs. Bessie Rogers Rewis, widow and only surviving dependent of Millard Rewis, deceased employee.
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Appeal by defendants from Grady, Emergency Judge, at January Term, 1946, of Waee. Proceeding under Workmen’s Compensation Act to determine liability of New York Life Insurance Company (Employer) and Travelers Insurance Company (Carrier) to Mrs. Bessie Rogers Rewis, widow and only surviving dependent of Millard Rewis, deceased employee. In addition to tbe jurisdictional determinations, tlie essential findings of tbe Industrial Commission follow: Millard Rewis was employed by tbe New York Life Insurance Company as an agency organizer. In tbe mid-afternoon of 28 December, 1943, be bad occasion…
1Opinion of the Court
Stacy, 0. J.
Tbe question here posed is whether tbe record permits tbe inference that decedent’s death resulted from an injury by accident arising out of and in tbe course of bis employment. An affirmative answer would uphold tbe judgment; a negative reply would reverse it.
That tbe accident occurred in tbe course of tbe employment is conceded. Whether it arose out of tbe employment is tbe mooted question. An injury is said to “arise out of” tbe employment when it occurs in tbe course of tbe employment and is a natural or probable consequence or incident of it. Harden v. Furniture Co., 199 N.…
2Cases cited32 opinions
- Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
- Conrad v. Cook-Lewis Foundry Co.Supreme Court of North Carolina · 1930
- G. L. Eastman Co. v. Industrial Acc. Com.California Supreme Court · 1921
- Gonier v. Chase Companies, Inc.Supreme Court of Connecticut · 1921
- Harden v. Thomasville Furniture Co.Supreme Court of North Carolina · 1930
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3Cited by15 opinions
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- Pickrell v. Motor Convoy, Inc.Court of Appeals of North Carolina · 1986
- Osteen v. Greenville County School DistrictCourt of Appeals of South Carolina · 1996
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