Valentine v. David Pender Grocery Co., 214 N.C. 828 (1938)

Sept. 28, 1938 · Supreme Court of North Carolina
214 N.C. 828

FRANK BELMONT VALENTINE v. DAVID PENDER GROCERY COMPANY and LIBERTY MUTUAL INSURANCE COMPANY.

(Filed 28 September, 1938.)

Appeal from Parker, J., at June Term, 1938, of WilsoN.

Affirmed.

Tbis was a proceeding under tbe North Carolina Workmen’s Compensation Act. Plaintiff claimed compensation for a personal injury by accident arising out of and in tbe course of bis employment by defendant Grocery Company, resulting in bernia. Tbe Industrial Commission found from tbe evidence tbat plaintiff did not sustain an injury by accident resulting in bernia, and denied compensation. Upon appeal to tbe Superior Court tbe findings and ruling of tbe Industrial Commission were affirmed. Plaintiff appealed to tbe Supreme Court.

8. L. Arrington, for plaintiff, appellant.

Wm. H. Yarborough, Jr., and J. M. Broughton for defendants, ap-pellees.

Peb Cueiam.

Tbe findings of fact of tbe Industrial Commission on plaintiff’s claim, being supported by evidence, are conclusive on appeal (Lockey v. Cohen, Goldman & Co., 213 N. C., 356), and judgment is

Affirmed.