Mason v. North Carolina State Highway Commission
Court of Appeals of North Carolina
1Opinion of the CourtGraham, J.
The sole question presented by this appeal is whether the Industrial Commission erred in affirming the order of the Hearing Commissioner dismissing plaintiffs’ claims as barred on the grounds of res judicata.
*647We are of the opinion that the decision of the Industrial Commission was correct and must be affirmed.
“In order for a judgment to constitute res judicata in a subsequent action there must be identity of parties, subject matter, issues and relief demanded, . . .” Shaw v. Eaves, 262 N.C. 656, 661, 138 S.E. 2d 520. The claims here involved arise from the identical facts upon which recovery…
2Cases cited9 opinions
- Gaither Corporation v. SkinnerSupreme Court of North Carolina · 1955
- Floyd v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Wirth v. BraceySupreme Court of North Carolina · 1963
- Shaw v. EavesSupreme Court of North Carolina · 1964
- Moore v. . HarkinsSupreme Court of North Carolina · 1919
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3Cited by7 opinions
- Northwestern Distributors, Inc. v. N. C. Department of TransportationCourt of Appeals of North Carolina · 1979
- Gregory v. PenlandCourt of Appeals of North Carolina · 2006
- Ledford v. Nationwide Mutual InsuranceCourt of Appeals of North Carolina · 1995
- Taylor v. Tri-County Electric Membership Corp.Court of Appeals of North Carolina · 1972
- Walton v. MeirCourt of Appeals of North Carolina · 1971
2 more not listed; retrieve them via the Exa API.