McNair v. Ward

Decision Date19 May 1954
Docket NumberNo. 679,679
Citation240 N.C. 330,82 S.E.2d 85
PartiesMcNAIR et al. v. WARD et al.
CourtNorth Carolina Supreme Court

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.

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8 cases
  • Trivette v. Yount
    • United States
    • North Carolina Supreme Court
    • December 14, 2012
    ...plaintiff employee brought suit against his employer, the Locker Company, and Lorenz, the company's general manager. 240 N.C. 330, 330–331, 82 S.E.2d 85, 85–86 (1954). We noted that the Locker Company ran its business “through the agency of” the individual defendant Lorenz and found that, b......
  • Lemmerman v. A.T. Williams Oil Co.
    • United States
    • North Carolina Supreme Court
    • November 18, 1986
    ...the Act specifically includes within its provisions illegally employed minors. 1 N.C.G.S. § 97-2(2) (1985). See also McNair v. Ward, 240 N.C. 330, 82 S.E.2d 85 (1954); Lineberry v. Mebane, 219 N.C. 257, 13 S.E.2d 429 The question of subject matter jurisdiction may be raised at any time, eve......
  • Weaver v. Bennett, 387
    • United States
    • North Carolina Supreme Court
    • March 6, 1963
    ...both were employed under one master.' The rule stated in Warner has been applied and recognized in subsequent decisions: McNair v. Ward, 240 N.C. 330, 82 S.E.2d 85; Johnson v. Catlett, 246 N.C. 341, 98 S.E.2d 458; Wesley v. Lea, 252 N.C. 540, 114 S.E.2d 350; Jackson v. Bobbitt, 253 N. C. 67......
  • Hamby v. Profile Products, L.L.C.
    • United States
    • North Carolina Supreme Court
    • November 9, 2007
    ...Bryant v. Dougherty, 267 N.C. 545, 148 S.E.2d 548 (1966) (employer's workers' compensation insurance carrier); McNair v. Ward, 240 N.C. 330, 82 S.E.2d 85 (1954) (employer's general manager); Essick v. City of Lexington, 232 N.C. 200, 60 S.E.2d 106 (1950) (treasurer and superintendent of the......
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