Legal Opinion

McRae v. Wall

Supreme Court of North Carolina

Decided November 27, 1963No. 458PublishedCited by 9 opinions

Appeal by defendíante from Johnston, J., March, 1963 Civil Session, Richmond Superior Court. This proceeding originated as a workmen’s 'Compensation claim for injuries aind disfigurement resulting from an industrial accident. The North Carolina Industrial Commission held a hearing at which all jurisdictional facts and the claimant's average weekly wage were stipulated.

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Appeal by defendíante from Johnston, J., March, 1963 Civil Session, Richmond Superior Court. This proceeding originated as a workmen’s 'Compensation claim for injuries aind disfigurement resulting from an industrial accident. The North Carolina Industrial Commission held a hearing at which all jurisdictional facts and the claimant's average weekly wage were stipulated. The evidence disclosed the claimant suffered a 'hand and head injury as a result of a collapsing cement block wall which he was laying as underpinning for a new house. He testified: “The wall was six or seven, blocks high, each…

1Opinion of the CourtHiggiNS, J.

When called upon to review the findings of fact, conclusions of law, and awards of tihe North Carolina Industrial Commission in .compensation oases, tlhe courts determine ais a matter of law whether the facts found support the Commission’s conclusions, and whether they justify the awards. However, in passing on challenged findings of fact, the courts must approve tlhe findings if -they are supported by competent evidence. Hence the Court may set aside a finding of fact only upon the ground it lacks evidentiary support. Blalock v. Durham, 244 N.C. 208, 92 S.E. 2d 758; Watson v. Harris Clay…

2Cases cited3 opinions

  1. Blalock v. City of DurhamSupreme Court of North Carolina · 1956
  2. Creighton v. . SnipesSupreme Court of North Carolina · 1946
  3. Watson v. HARRIS CLAY COMPANYSupreme Court of North Carolina · 1955

3Cited by9 opinions

  1. Holley v. Acts, Inc.Supreme Court of North Carolina · 2003
  2. Perry v. Hibriten Furniture Co.Supreme Court of North Carolina · 1978
  3. Allen v. Roberts Electrical ContractorsCourt of Appeals of North Carolina · 2001
  4. Hawley v. Wayne Dale ConstructionCourt of Appeals of North Carolina · 2001
  5. Smith v. CENTRAL TRANSPORT & LIBERTY MUT. INS.Court of Appeals of North Carolina · 1981

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