Wesley Ex Rel. Wesley v. Lea

The ultimate question for decision on this appeal is whether the trial court had jurisdiction to proceed to judgment in the common law action for damages for personal injuries arising from alleged actionable negligence, or whether the action is in the exclusive original jurisdiction of the Industrial Commission under the Workmen’s Compensation Act, G.S. 97-1 et seq.

If the trial court had jurisdiction, plaintiff has made out a prima facie case of injury by reason of the actionable negligence of defendant.

An injury sustained by a member of the North Carolina National Guard while on active duty…