Bryson v. Gloucester Lumber Co.

• Decision Date: 17 May 1933
• Docket Number: 566.
• Citation: 169 S.E. 276,204 N.C. 664
• Parties: BRYSON et al. v. GLOUCESTER LUMBER CO. et al.
• Court: North Carolina Supreme Court

169 S.E. 276

204 N.C. 664

BRYSON et al. v. GLOUCESTER LUMBER CO. et al.

No. 566.

Supreme Court of North Carolina

May 17, 1933

Appeal from Superior Court, Transylvania County; Townsend, Special Judge.

Proceeding under the Workmen's Compensation Act by dependents of Lee M. Bryson, deceased, claimants, opposed by the Gloucester Lumber Company, employer, and the American Mutual Liability Insurance Company, insurance carrier. The Industrial Commission awarded compensation, but on appeal the Superior Court dismissed the proceeding, and claimants appeal.

Affirmed.

Industrial Commission's finding of fact is conclusive on appeal where there is sufficient competent evidence to sustain award.

Proceeding brought under Workmen's Compensation Act (Pub. Laws 1929 c. 120, as amended) by dependents of Lee M. Bryson, deceased to determine liability of Gloucester Lumber Company, alleged employer, and American Mutual Liability Insurance Company alleged carrier.

The gravamen of the complaint is that Lee M. Bryson was an employee of the Gloucester Lumber Company at the time of his injury and death. He was engaged in hauling logs from the woods and placing them in a pond, when the truck he was driving turned over and killed him. The deceased owned the truck and trailer. He was paid $7 per thousand feet for hauling the logs. He employed his own assistants, and was at liberty to haul the logs in his own way, without direction from any of the officials of the lumber company.

From an award by the Industrial Commission, the defendant appealed to the superior court, where judgment was entered dismissing the proceeding on the ground that the deceased was an independent contractor and not an employee of the defendant lumber company at the time of his injury and death.

Plaintiffs appeal, assigning errors.

Lewis P. Hamlin, of Brevard, for appellants.

Johnson, Smathers & Rollins, of Asheville, for appellees.

STACY Chief Justice.

The case turns on whether Lee M. Bryson was an independent contractor, or a servant or employee of the Gloucester Lumber Company at the time of his injury and death. The Industrial Commission found that he was an employee and awarded compensation, which finding, if supported by any competent evidence, is binding on the courts. Winberry v. Farley Stores, Inc., 204 N.C. 79, 167 S.E. 475; Webb v. Tomlinson, 202 N.C. 860, 164 S.E. 341.

The judge of the superior court, on the other hand, was of opinion that all the evidence tends to show the deceased was an independent contractor. With...