History
  • No items yet
midpage
McNair Ex Rel. McNeil v. Ward
240 N.C. 330
| N.C. | 1954
|
Check Treatment
82 S.E.2d 85 (1954)
240 N.C. 330

McNAIR et al.
v.
WARD et al.

No. 679.

Supreme Court of North Carolina.

May 19, 1954.

*86 Taylor & Mitchell, Raleigh, for plaintiffs, appellants.

Robert H. Dye, Fayetteville, for defendants, appellees.

ERVIN, Justice.

The evidence calls into play the presumption that the infant plaintiff and his employers have accepted the provisions of the North Carolina Workmen's Compensation Act. G.S. § 97-3; Pilley v. Greenville Cotton Mills, 201 N.C. 426, 160 S.E. 479. Consequently the presiding judge did not err in nonsuiting the action as to the employers, Tscheiller v. National Weaving Co., 214 N.C. 449, 199 S.E. 623; Lee v. American Enka, Corp., 212 N.C. 455, 193 S.E. 809; Miller v. Roberts, 212 N.C. 126, 193 S.E. 286; Francis v. Carolina Wood Turning Co., 208 N.C. 517, 181 S.E. 628; McNeely v. Carolina Asbestos Co., 206 N.C. 568, 174 S.E. 509, or as to Lorenz, who was conducting their business for them. G.S. §§ 97-9, 97-10; Warner v. Leder, 234 N.C. 727, 69 S.E.2d 6. The validity of these conclusions is not impaired in any degree by the fact that the employers may have hired the infant plaintiff contrary to law. G.S. §§ 97-2(b), 97-10; Lineberry v. Town of Mebane, 219 N.C. 257, 13 S.E.2d 429, 142 A.L.R. 1033.

Affirmed.

Case Details

Case Name: McNair Ex Rel. McNeil v. Ward
Court Name: Supreme Court of North Carolina
Date Published: May 19, 1954
Citation: 240 N.C. 330
Docket Number: 679
Court Abbreviation: N.C.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.