TaiLexi AI U.S. Case Law

Moore v. Superior Stone Company

EUGENE MOORE, Employee, v. SUPERIOR STONE COMPANY, Employer, and INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Carrier

Moore v. Superior Stone Co., 89 S.E.2d 253 (N.C. 1955)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 28, 1955
Docket
No. 166
Judges
Winborne, Higgins
Citations
89 S.E.2d 253242 N.C. 6471955 N.C. LEXIS 648
Cited by 7 3 descriptions by later courts

Opinion — Per Curiam

Per Curiam.

We are constrained to concur in the conclusion of the full Commission that there is sufficient circumstantial evidence in the record to sustain the finding of fact No. 8 made by the Commission and its conclusion based thereon. Since the testimony contains evidence sufficient to support the finding made by the full Commission, the court below was without authority to reverse.

Furthermore, the burden rested upon the claimant to show that his injuries arose out of his employment, and there is implicit in the positive findings and conclusions of the Commission the further finding that the plaintiff had failed to carry the burden placed on him by law. Hence, the judgment entered in the court below must be Reversed.

WinborNE and Higgins, JJ., took no part in the consideration or decision of this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

  • (holding the employee's injuries did not arise out of employment when the employee for unknown reasons or for curiosity, while eating lunch, attempted to set off a single dynamite cap and accidentally detonated other dynamite caps)
    Weaver v. Dedmon, 801 S.E.2d 131 (N.C. Ct. App. 2017)

Cited by 7 cases

View all citing references →
1957: 11964: 11968: 11978: 11986: 12002: 12017: 119572026peak 1957 · 1

Relies on it most ⓘ

  1. Harless v. Flynn162 S.E.2d 47 (N.C. Ct. App. 1968)
  2. Martin v. Bonclarken Assembly241 S.E.2d 848 (N.C. Ct. App. 1978)
  3. English Mica Co. v. Avery County Board of Education100 S.E.2d 72 (N.C. 1957)
  4. Chisholm v. Diamond Condominium Construction348 S.E.2d 596 (N.C. Ct. App. 1986)
  5. Arp v. Parkdale Mills, Inc.563 S.E.2d 62 (N.C. Ct. App. 2002) · Dissent
  6. Weaver v. Dedmon801 S.E.2d 131 (N.C. Ct. App. 2017)

Most recent

  1. Weaver v. Dedmon801 S.E.2d 131 (N.C. Ct. App. 2017)
  2. Arp v. Parkdale Mills, Inc.563 S.E.2d 62 (N.C. Ct. App. 2002) · Dissent
  3. Chisholm v. Diamond Condominium Construction348 S.E.2d 596 (N.C. Ct. App. 1986)
  4. Martin v. Bonclarken Assembly241 S.E.2d 848 (N.C. Ct. App. 1978)
  5. Harless v. Flynn162 S.E.2d 47 (N.C. Ct. App. 1968)
  6. Maahs v. Industrial Commission130 N.W.2d 845 (Wis. 1964)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list