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Manuel v. Cone Mills Corp.

Supreme Court of North Carolina
May 1, 1955
87 S.E.2d 558 (N.C. 1955)

Opinion

Filed 25 May, 1955.

Master and Servant 40e — Findings of the Industrial Commission that claimant's disability was due to pre-existing physical infirmities, and that there is no causal connection between plaintiff's disability and her employment, held supported by competent evidence, and the judgment denying compensation is affirmed.

APPEAL by plaintiff from Gwyn, J., at 22 November, 1954, Civil Term of GUILFORD (Greensboro Division).

Cahoon Alston for plaintiff, appellant.

Smith, Moore, Smith Pope for defendant, appellee.


Proceeding under Workmen's Compensation Act to determine liability of defendant, self-insurer, to plaintiff, employee.

The Industrial Commission found that there is no causal connection between the plaintiff's disability and her employment by the defendant, but rather that her disability "must be ascribed to pre-existing physical infirmities," not traceable to her employment. On these findings the Commission denied compensation.

On appeal to the Superior Court the findings and conclusions and the decision of the Commission denying compensation were affirmed. From judgment entered in accordance with such rulings, the plaintiff appeals.


Our examination of the record discloses that the crucial findings of fact of the Industrial Commission are supported by competent evidence. Since these findings support the rulings below denying compensation, the decision of the Commission, as sustained by the court below, must be upheld.

Affirmed.


Summaries of

Manuel v. Cone Mills Corp.

Supreme Court of North Carolina
May 1, 1955
87 S.E.2d 558 (N.C. 1955)
Case details for

Manuel v. Cone Mills Corp.

Case Details

Full title:CAMMIE M. MANUEL, EMPLOYEE, v. CONE MILLS CORPORATION, EMPLOYER AND…

Court:Supreme Court of North Carolina

Date published: May 1, 1955

Citations

87 S.E.2d 558 (N.C. 1955)
87 S.E.2d 558

Citing Cases

Hardin v. Trucking Co.

Anderson v. Construction Co., 265 N.C. 431, 144 S.E.2d 272 (1965). See also, Manuel v. Cone Mills Corp., 242…