NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 1056

HOUSE BILL 246

AN ACT TO REIMBURSE ROBERT JAMES OF DAVIE COUNTY FOR INJURIES RECEIVED BY HIM IN AIDING AN OFFICER IN THE ARREST OF ONE JACK PEACOCK.

WHEREAS, on the first day of June, 1957, Pfc. A. W. Cox, a State Highway Patrolman, was attempting to arrest one Jack Peacock who at the time was driving a stolen automobile; and

WHEREAS, the State Highway Patrolman was having difficulty placing Peacock under arrest and called upon Robert James to aid him in making the arrest. Robert James responded to the request and while aiding in placing Peacock in custody, Peacock kicked him to the ground and in the course of the struggle inflicted serious injuries on James which resulted in a broken leg and other injuries requiring extensive hospital and medical treatment and loss of time from work; and

WHEREAS, under G. S. 14-224, it is a criminal offense for any person to fail to aid an officer upon being requested to do so in arresting any person charged with crime; and

WHEREAS, the said Robert James has no legal remedy whereby he may be reimbursed for his hospital and medical expenses except by an Act of the General Assembly: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. The North Carolina Industrial Commission is authorized and directed to investigate the claim of Robert James, of Davie County, arising out of the injuries and damage resulting to him as set forth in the preamble of this Act and upon production of satisfactory proof that the said James incurred the injuries in the manner and under the circumstances herein set forth the said Commission is authorized to pay to said Robert James such an amount, not to exceed two thousand dollars ($2,000.00), as the said Commission may find that Robert James has been damaged as herein set forth.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1959.