Davis v. Summitt, 176

CourtNorth Carolina Supreme Court
Writing for the CourtPER CURIAM
CitationDavis v. Summitt, 129 S.E.2d 588, 259 N.C. 57 (N.C. 1963)
Decision Date06 March 1963
Docket NumberNo. 176,176
PartiesWilliam Bryson DAVIS v. Tom B. SUMMITT and St. Paul Fire & Marine Insurance Company.

Whitener & Mitchem, by Basil Whitener and Wade W. Mitchem, Gastonia, for defendants, appellants.

No counsel contra.

PER CURIAM.

The jurisdictional facts, including the average weekly wage, were stipulated. The evidence was sufficient to permit the finding that claimant suffered a compensable injury by accident arising out of and in the course of his employment. The defendants' objections go to the weight of the evidence rather than to its competency. The weight was for the Commission. The judgment awarding compensation is

Affirmed.

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7 cases
  • Key v. Wagner Woodcraft, Inc.
    • United States
    • North Carolina Court of Appeals
    • June 1, 1977
    ...The Supreme Court approved a finding of the commission that claimant had sustained an injury by accident. In Davis v. Summitt, 259 N.C. 57, 129 S.E.2d 588 (1963), claimant suffered an injury when he attempted to elevate and hold a cabinet, weighing approximately 175 pounds, in place while a......
  • Pardue v. Blackburn Bros. Oil & Tire Co., 384
    • United States
    • North Carolina Supreme Court
    • October 30, 1963
    ...424, 199 S.E. 605. The following are some of such cases in which it was held that the injuries resulted from accident: Davis v. Summitt, 259 N.C. 57, 129 S.E.2d 588; Keller v. Electric Wiring Co., 259 N.C. 222, 130 S.E. 2d 342; Searcy v. Branson, 253 N.C. 64, 116 S.E.2d 175; Faires v. McDev......
  • Keller v. Electric Wiring Co., 308
    • United States
    • North Carolina Supreme Court
    • April 10, 1963
    ...what must be shown to justify compensation for hernia. This case, or at least its material facts, more nearly follows Davis v. Summitt, 259 N.C. 57, 129 S.E.2d 588; Searcy v. Branson, supra; Faires v. McDevitt & Street Co., 251 N.C. 194, 110 S.E.2d 898; and Edwards v. Piedmont Publishing Co......
  • Russell v. Pharr Yarns, Inc.
    • United States
    • North Carolina Court of Appeals
    • May 23, 1973
    ...the plaintiffs were injured when lifting objects while in an unusually twisted, cramped, or awkward position. In Davis v. Summitt, 259 N.C. 57, 129 S.E.2d 588 (1963); Faires v. McDevitt and Street Co., 251 N.C. 194, 110 S.E.2d 898 (1959); Rice v. Chair Co., 238 N.C. 121, 76 S.E.2d 311 (1953......
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