Supreme Court of North Carolina September 18, 1935 (Rowe v. . Rowe-Coward Co.)

ClaeKSON, J.

The

first

question presented: “Did the filing of a counterclaim in an action at law brought by a third party against the employee bar the employee from later proceeding under the Workmen’s Compensation Act when the judgment on counterclaim was unfavorable to the employee?” We think not, under the facts and circumstances of this case.

N. 0. Code 1931 (Michie), sec.