Bartlett v. Duke University

SHARP, Justice.

Under the Workmen’s Compensation Act plaintiff’s right to recover compensation for the death of her husband depends upon whether it resulted from an “accident arising out of and in the course of his employment” by Duke University. G.S. 97-2 (6). As used in the Act the phrase, “in the course of the employment,” refers to the time, place, and circumstances under which an accidental injury occurs; “arising out of the employment” refers to the origin or cause of the accidental injury. The two phrases involve two ideas and impose two conditions, both of which must be met to sustain…