Cloninger v. Ambrosia Cake Bakery Co.

STACY, C. J., and BARNHILL, J., concur in dissent.

This is an action brought by plaintiffs against defendants under the N.C. Workmen's Compensation Act (Laws 1929, ch. 120; N.C. Code, 1939 [Michie], sec. 133-A).

The hearing Commissioner found certain facts and conclusions of law and made an award in favor of plaintiffs. This was sustained by the Full Commission and the court below. The plaintiffs' deceased, John M. Cloninger, died 3 September, 1937, as a result of injuries in an automobile collision, about 11 p.m., 31 August, 1937, while engaged in the business of selling and delivering cakes…