Whittington v. A. J. Schnierson & Sons, Inc. , 255 N.C. 724 ( 1961 )

122 S.E.2d 724 (1961) 255 N.C. 724

Rosa Ella D. WHITTINGTON, Employee, Plaintiff,
v.
A. J. SCHNIERSON & SONS, INC., Employer, and Employers Mutual Liability Insurance Company of Wisconsin, Carrier, Defendants.

No. 531.

Supreme Court of North Carolina.

November 22, 1961.

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.