Ferrell v. Montgomery & Aldridge Sales Co., 671
Decision Date | 20 May 1964 |
Docket Number | No. 671,671 |
Citation | 262 N.C. 76,136 S.E.2d 227 |
Court | North Carolina Supreme Court |
Parties | Mrs. Margaret Dowdy FERRELL, Widown, Faye Elizabeth Ferrell, Daughter, by her Next Friend, Eugene C. Brooks, III, Lewis E. Ferrell, Deceased, Employee, v. MONTGOMERY & ALDRIDGE SALES CO., Employer, Travelers Insurance Company, Carrier. |
Brooks & Brooks, by Eugene C. Brooks, III, Durham, for plaintiffappellees.
Spears, Spears & Barnes, by Marshall T. Spears, Jr., Durham, for defendantappellants.
The evidence disclosed that Lewis E. Ferrell, on and prior to July 28, 1961, was service manager of the appliance and service department of Montgomery and Aldridge Sales Company--dealers in refrigerators, ranges, and other appliances.'He was approximately six feet tall and weighed about 180 to 190 pounds, and was a muscular man,' age 50 years.He had worked for the same employer for 17 years and had been out for health reasons 'from September 21 through October 19, 1959, for a back injury operation.'Thereafter he lost no time from work until his final attack on August 28, 1961.
Mr. Ferrell's duties required him to supervise the unloading from railroad cars and from trucks of shipments of 'refrigerators, ranges, laundry equipment, and home freezers.'Mr. J. T. Gray succeeded Mr. Ferrell as service manager.As a witness for claimants, he testified:
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Reynolds v. Continental Can Co.
...Mo.App., 356 S.W.2d 105 (1962); Cochran v. Bellevue Bridge Comm'n, 174 Neb. 761, 119 N.W.2d 292 (1963); Ferrell v. Montgomery & Aldridge Sales Co., 262 N.C. 76, 136 S.E.2d 227 (1964); Stewart v. Young, 112 Ohio App. 433, 176 N.E.2d 322 (1960); McGowan v. Upper Darby Pet Supply, 207 Pa.Super......
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Jackson v. North Carolina State Highway Commission, 605
...the usual course of employment are not compensable. Andrews v. County of Pitt, 269 N.C. 577, 153 S.E.2d 67; Ferrell v. Montgomery & Aldridge Sales Co., 262 N.C. 76, 136 S.E.2d 227; Bellamy v. Morace Stevedoring Co., 258 N.C. 327, 128 S.E.2d 395; Lewter v. Abercrombie Enterprises, Inc., 240 ......
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King v. Exxon Co.
...Co., 35 N.C.App. 78, 80, 239 S.E.2d 847, 849, cert. denied 294 N.C. 736, 244 S.E.2d 154 (1978); see also Ferrell v. Montgomery & Aldridge Sales Co., 262 N.C. 76, 136 S.E.2d 227 (1964); Harding v. Thomas & Howard Co., 256 N.C. 427, 124 S.E.2d 109 Plaintiff assigns error to the Commission's s......
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Andrews v. Pitt County, 115
...Enterprises, Inc., 240 N.C. 399, 82 S.E.2d 410; Bellamy v. Stevedoring Co., 258 N.C. 327, 128 S.E.2d 395; Ferrell v. Montgomery & Aldridge Sales Co., 262 N.C. 76, 136 S.E.2d 227; Horn v. Protective Life Insurance Co., 265 N.C. 157, 143 S.E.2d The judgment entered in the Superior Court of Pi......