McNair v. Ward
| Decision Date | 19 May 1954 |
| Docket Number | No. 679,679 |
| Citation | 240 N.C. 330,82 S.E.2d 85 |
| Parties | McNAIR et al. v. WARD et al. |
| Court | North Carolina Supreme Court |
Taylor & Mitchell, Raleigh, for plaintiffs, appellants.
Robert H. Dye, Fayetteville, for defendants, appellees.
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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Trivette v. Yount
...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......
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Lemmerman v. A.T. Williams Oil Co.
... ... 1 N.C.G.S. § 97-2(2) (1985). See also McNair v. [318 N.C. 580] Ward, 240 N.C. 330, 82 S.E.2d 85 (1954); Lineberry v. Mebane, 219 N.C. 257, 13 S.E.2d 429 (1941) ... The ... ...
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Weaver v. Bennett, 387
...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......
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Hamby v. Profile Products, L.L.C., 507A06.
...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......