Horney v. Meredith Swimming Pool Company

For purposes of this appeal, we assume, as do the parties in their briefs, (1) that Horney and Pool Company were subject to and bound by the provisions of the Workmen’s Compensation Act; (2) that Horney was fatally injured by accident arising out of and in the course of his employment by Pool Company; and (3) that the complaint (sufficiently) alleges Horney’s injury and death were proximately caused by the negligence of defendants.

Plaintiff seeks to recover under G.S. 28-173 which, in pertinent part, provides: “When the death of a person is caused by a wrong ful act, neglect or default of…