Smith v. City of Gastonia

The sole question in controversy here is as to whether the decedent was at the time of his injury and death in the exercise of any of the duties of his employment or in the enjoyment of its protection.

Nothing else appearing, an employer is not liable for accidents occurring to an employee while going to or returning from the employer’s premises in order to begin his work or after its conclusion, and an accident so occurring is not held to arise out of and in the course of the employment. Bray v. Weatherly & Co., 203 N. C., 160, 161, 165 S. E., 332, 94 A. L. R., 589.

But the authorities seem to…