Thuillez v. Yellow Transit Freight Lines

The opinion of the court was delivered by This action was brought by a workman's dependents to recover compensation for his death under the provisions of the workmen's compensation act (G.S. 1949, Ch. 44, Art. 5, as amended by G.S. 1959 Supp., Ch. 44, Art. 5). Both the workmen's compensation commissioner and the trial court made findings of fact in favor of the claimants — the widow and the minor children — and allowed compensation. Respondents (appellants) bring the case here and contend the trial court erred in finding there was substantial evidence that decedent sustained personal injury by accident arising out of and in the course of his employment.