Whittington v. A. J. Schnierson & Sons, Inc., 531
| Court | United States State Supreme Court of North Carolina |
| Citation | 122 S.E.2d 724,255 N.C. 724 |
| Decision Date | 22 November 1961 |
| Docket Number | No. 531,531 |
| Parties | Rosa Ella D. WHITTINGTON, Employee, Plaintiff, v. A. J. SCHNIERSON & SONS, INC., Employer, and Employers Mutual Liability Insurance Company of Wisconsin, Carrier, Defendants. |
Ottway Burton and Linwood T. Peoples, Asheboro, for plaintiff.
Walser & Brinkley, Lexington, and Charles H. McGirt, for defendants.
It has been repeatedly declared by this Court that an injury sustained by an employee while going to or from work does not arise in the course of his employment and is not compensable unless the employer is under a contractual duty to transport employee or furnishes the means of transportation as an incident of the contract of employment. Smith v. City of Gastonia, 216 N.C. 517, 5 S.E.2d 540; Lassiter v. Carolina Telephone & Telegraph Co., 215 N.C. 227, 1 S.E.2d 542; Dependents of Phifer v. Foremost Dairy, 200 N.C. 65, 156 S.E. 147.
To continue reading
Request your trial
-
Hunt v. TENDER LOVING CARE HOME CARE AGENCY, COA01-1571.
...the transportation must be provided as a matter of right as a result of the employment contract. Whittington v. Schnierson & Sons, 255 N.C. 724, 725, 122 S.E.2d 724, 725 (1961) (citations omitted). If the transportation is provided permissively, gratuitously, or as an accommodation, the emp......
-
Enroughty v. Black Industries, Inc., 7171C708
...crew the means of transportation to and from the work site because their work was not at a fixed price. Whittington v. Schnierson & Sons, 255 N.C. 724, 122 S.E.2d 724 (1961). It was customary for the foreman to fix the length of time for lunch and to designate where Black's truck was to tak......
-
Strickland v. King, 8
...employer furnishes the means of transportation as an incident of the contract of employment. Whittington v. A. J. Schnierson & Sons, Inc., 255 N.C. 724, 122 S.E.2d 724 (1961). However, injuries sustained by an employee while going to or from the work place on premises owned or controlled by......
-
Robertson v. Shepherd Const. Co., 7910IC250
...are compensable if the employer is under a contractual duty to provide transportation for his employees. Whittington v. Schnierson & Sons, 255 N.C. 724, 122 S.E.2d 724 (1961); Smith v. Gastonia, 216 N.C. 517, 5 S.E.2d 540 (1939); Insurance Co. v. Curry, A further requirement under this exce......