McNeely v. Carolina Asbestos Co.

BROGDEN, J.(1) Is pulmonary asbestosis produced by the inhalation of asbestos dust by an employee during a period of five or six months an “injury by accident arising out of and in the course of the employment,” within the purview of the North Carolina Workmen’s Compensation Law?(2) Can such employee, so injured, maintain a civil action for damages, upon allegation and proof that such injury was produced by the negligence of the employer,?

Both parties to the controversy are presumed to have accepted the North Carolina Workmen’s Compensation Act and consequently bound by its terms. Moreover,…