Whittington v. A. J. Schnierson & Sons, Inc., 531

CourtUnited States State Supreme Court of North Carolina
Citation122 S.E.2d 724,255 N.C. 724
Decision Date22 November 1961
Docket NumberNo. 531,531
PartiesRosa 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.

PER CURIAM.

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.

The judgment of the court below is

Affirmed.

To continue reading

Request your trial
5 cases
  • Hunt v. TENDER LOVING CARE HOME CARE AGENCY, COA01-1571.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • October 1, 2002
    ...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
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • January 12, 1972
    ...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
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 15, 1977
    ...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
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • December 18, 1979
    ...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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT