BYERS v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 12.

166 S.E.2d 649 (1969)

275 N.C. 229

Mrs. Esther BYERS, Widow and Administratrix of Estate of Weaver Byers, Deceased, Employee, v. NORTH CAROLINA STATE HIGHWAY COMMISSION, Employer, Standard Concrete Products Company, Third-Party Tortfeasor.

Supreme Court of North Carolina.

April 9, 1969.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Harrison Lewis, Deputy Atty. Gen., Fred P. Parker, III, Trial Atty., Raleigh, for respondent-appellee.

Hayes & Hayes, by Kyle Hayes, North Wilkesboro, for plaintiff-appellant.


HIGGINS, Justice.

The facts controlling decision in this case are not in dispute. On and prior to May 25, 1965, Weaver Byers was a regular employee of the North Carolina State Highway Commission. Both employer and employee were subject to, and their employment relations were governed by, the North Carolina Workmen's Compensation Act. The employer was a self-insurer.

On May 25, 1965, Weaver Byers was injured when the highway bridge on which he was at work collapsed...

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