Opinion

Taylor v. Cone Mills Corp.

  • 56 N.C. App. 291
  • 289 S.E.2d 60
  • 1982 N.C. App. LEXIS 2401
Court
Court of Appeals of North Carolina
Filed
Mar 16, 1982
Status
Published
Author
Webb
On the bench
Martin, Robert, Webb, Wells
Cited by
0 cases

The opinion

Judge Webb

dissenting.

I dissent from the majority. I cannot agree that the words “external contact surface” have no technical meaning. Dr. Kilburn testified that the respiratory surface of the lung is an external contact surface. As I understand his testimony, this is so because this surface is in intimate contact with the air around us which we breathe. Since the testimony was that byssinosis is an inflammation of the airways of the lung caused by inhaling cotton dust, this would be an inflammation of an external contact surface which would make the plaintiffs disease compensable under G.S. 97-53(13) as it existed in 1963. I believe the Industrial Commission should have so found. I vote to reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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