Legal Opinion

Holt v. Cannon Mills Co.

Supreme Court of North Carolina

Decided November 19, 1958No. 527PublishedCited by 8 opinions

1Opinion of the Court

Pee Curiam.

There is no evidence disclosed on this record to show that the work of the employee at the time he suffered the hernia was being performed in other than the usual and customary manner. Hence, the conclusion that the plaintiff suffered an injury by accident arising out of and in the course of his employment, resulting in a hernia, is not supported by the evidence.

Therefore, the judgment of the court below is reversed on authority of Hensley v. Cooperative, 246 N.C. 274, 98 S.E. 2d 289. and similar decisions of this Court.

As pointed out in the cited case, the interpretation so…

2Cases cited1 opinion

  1. Hensley v. Farmers Federation Co-OperativeSupreme Court of North Carolina · 1957

3Cited by8 opinions

  1. Harding v. THOMAS AND HOWARD COMPANYSupreme Court of North Carolina · 1962
  2. Keller v. ELECTRIC WIRING COMPANYSupreme Court of North Carolina · 1963
  3. Pardue v. BLACKBURN BROTHERS OIL & TIRE COMPANYSupreme Court of North Carolina · 1963
  4. O'Mary v. Land Clearing CorporationSupreme Court of North Carolina · 1964
  5. Searcy v. BransonSupreme Court of North Carolina · 1960

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