Legal Opinion
Battle v. Bryant Electric Company
Court of Appeals of North Carolina
Decided July 12, 1972No. 7215IC280PublishedCited by 7 opinions
1Opinion of the Court
MALLARD, Chief Judge.
The only question brought forward and presented on this, appeal is whether the Industrial Commission committed error in finding and concluding that the injury to and death of David Daniels arose out of and in the course of his employment with the defendant employer.
“The phrases ‘arising out of’ and ‘in the course of’ the employment are not synonymous, but involve two distinct ideas and impose a double condition, both of which must be satisfied in order to render an injury compensable. The words ‘out of’ refer to the origin or cause of the accident, and an accident arises…
2Cases cited9 opinions
- Conrad v. Cook-Lewis Foundry Co.Supreme Court of North Carolina · 1930
- Hardy v. SmallSupreme Court of North Carolina · 1957
- Robbins v. Bossong Hosiery Mills, Inc.Supreme Court of North Carolina · 1941
- Plemmons v. . White's Service, Inc.Supreme Court of North Carolina · 1938
- Walker v. J. D. Wilkins, Inc.Supreme Court of North Carolina · 1937
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. CENTRAL TRANSPORT & LIBERTY MUT. INS.Court of Appeals of North Carolina · 1981
- Thompson v. Refrigerated Transport Co., Inc.Court of Appeals of North Carolina · 1977
- Robertson v. Shepherd Construction Co.Court of Appeals of North Carolina · 1979
- Battle v. BRYANT ELECTRIC CO., INC.Supreme Court of North Carolina · 1972
- Losing v. Food Lion, Inc.North Carolina Industrial Commission · 1998
2 more not listed; retrieve them via the Exa API.