HARTLEY v. NORTH CAROLINA PRISON DEPARTMENT

No. 453.

128 S.E.2d 598 (1962)

258 N.C. 287

George W. HARTLEY, Plaintiff, v. NORTH CAROLINA PRISON DEPARTMENT, Defendant.

Supreme Court of North Carolina.

December 12, 1962.


Attorney(s) appearing for the Case

Thomas Wade Bruton, Atty. Gen., Richard T. Sanders, Staff Atty., Ted C. Brown, Staff Atty., for the State.

Brooks & Brooks, by Eugene C. Brooks, III, Durham, for plaintiff, appellee.


HIGGINS, Justice.

The appellant argues the award should be disallowed for that the employee's injury did not arise out of and in the course of his employment. It contends the claimant climbed the fence for his own convenience rather than as a part of his duty. Appellant further contends the conclusions of law are contrary to, and not supported by, the evidence.

According to all the evidence the employee's duties required him to work within the enclosure except...

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