Brown v. Carolina Aluminum Co.

• Decision Date: 13 December 1944
• Docket Number: 597
• Citation: 32 S.E.2d 320,224 N.C. 766
• Parties: BROWN v. CAROLINA ALUMINUM CO.
• Court: North Carolina Supreme Court

32 S.E.2d 320

224 N.C. 766

BROWN v. CAROLINA ALUMINUM CO.

No. 597

Supreme Court of North Carolina

December 13, 1944

Proceeding under Workmen's Compensation Act, G.S. s 97-1 et seq., to determine liability of defendant to the surviving widow, sole dependent of P. L. Brown, deceased employee.

In addition to the jurisdictional determinations, the essential findings of the Industrial Commission follow:

On the morning of August 18, 1942, P. L. Brown who was employed by the defendant as a watchman, checked in or punched the time clock at 5:55 a.m., went to his job and about fifteen minutes later returned to the wash room to get his flashlight and was standing on the concrete floor in a passageway three feet wide through which all employees passed upon entering the plant, when Archie B. Coggin, a fellow employee, came through the turnstile into the passageway Brown put his hands on Coggin's shoulders and Coggin, being in a hurry, pushed him aside. Brown fell backward and hit his head on the concrete floor. He died as a result of the injury three days later. Brown's weight was from 230 [224 N.C. 767] to 250 pounds. His death resulted from an injury by accident which arose out of and in the course of his employment.

The Commission reached the conclusion that 'the deceased having punched the time clock, entered upon his duties and later returned to the wash-room to get his flashlight, saw Archie B. Coggin, who had just passed through the turnstile and was yet within the narrow passageway and through a spirit of friendship or salutation placed his hands on Coggin's shoulder and Coggin, being in a hurry to get to the toilet unintentionally pushed the deceased too hard causing him to fall backward and therefore the accident was due primarily to Coggin's rush rather than any playful act on the part of the deceased.'

The Commission awarded compensation, and this was affirmed on appeal to the Superior Court. From this latter ruling, the defendant appeals, assigning errors.

Henderson & Henderson, of Greensboro, for plaintiff-appellee.

R. L Smith & Son, of Albemarle, for defendant-appellant.

STACY Chief Justice.

The deceased was employed by the defendant as a watchman in its plant at Badin. He had checked in for the day's work. Mion v. Atlantic Marble & Tile Co., 217 N.C. 743, 9 S.E.2d 501. After going to his job, he returned to the wash-room to get his flashlight. He met a fellow employee in a narrow passageway near the entrance to the plant. This fellow employee, being in a hurry, sought to get by the deceased without delay. The deceased had stopped him in friendly fashion by placing his hands on his shoulders. Because of the narrow passageway, the fellow employee, in his haste pushed the deceased too hard and caused him to fall backward and to hit his head on the concrete floor. Thus the accident may properly be denominated 'an injury produced without the design or expectation of the workman. ' McNeely v. Carolina Asbestos Co., 206 N.C. 568, 174 S.E. 509, 513. Injury by accident implies a result produced by a fortuitous cause. Scott v. CAtna Life Ins. Co., 208 N.C. 160, 179 S.E. 434. An 'accident' within the meaning of the Workmen's Compensation Act has been defined 'as an unlooked for and untoward event which is not expected or designed by the person who suffers the injury. ' Conrad v. Cook-Lewis Foundry Co., 198 N.C. 723, 153 S.E. 266, 268. The injury, therefore, was an ...