Moore v. . State

The award of the Industrial Commission is conclusive and binding as to all questions of fact. Workmen’s Compensation Law (P. L. 1929, ch. 120), sec. 60. Whether an injury by accident has arisen out of and in the course of a person’s employment is a mixed question of law and fact, and while the parties to an action or proceeding may admit or agree upon facts they cannot make admissions of law which will be binding upon the courts. Rawlings v. Neal, 122 N. C., 173; Binford v. Alston, 15 N. C., 351. If, therefore, the facts as found do not show that the plaintiff was an employee of the State as…