Burnett v. Appleton Co.
Decision Date | 05 March 1946 |
Docket Number | 15809. |
Citation | 37 S.E.2d 269,208 S.C. 53 |
Parties | BURNETT v. APPLETON CO. et al. |
Court | South Carolina Supreme Court |
Ernest B. Castles, of Anderson, for appellant.
Stephen Nettles, of Greenville, for respondents.
This is an appeal from an order of the Circuit Court affirming a ruling by the South Carolina Industrial Commission which denied an award to the claimant, who is the appellant here.
The appellant filed claim for disability which arose out of an alleged accident resulting in injury sustained by appellant while pushing a truck of cloth from the weave shop to the loom room of respondent. The 'alleged accident' occurred while appellant was pushing the truck up a slight incline onto an elevator. The incline had a rise of an inch in four or five feet.
The Hearing Commissioner refused to allow an award upon the ground that claimant had failed to prove that he had received 'an injury by accident' within the meaning of the Workmen's Compensation Act, Code 1942, § 7035-1 et seq.
On appeal to the Full Commission the finding of the Hearing Commissioner was affirmed.
Appellant then appealed to the Court of Common Pleas; the Court of Common Pleas affirmed the Full Commission in its finding that the claimant had not received as 'injury by accident' within the compensation act.
The appellant's counsel vigorously argues that appellant did receive 'an injury by accident', but neither appellant's testimony nor that of the doctor who examined appellant shortly after the occurrence of the injury tend to support counsel's contention. In fact, appellant's own testimony is not inconsistent with the finding of the Industrial Commission. Appellant's testimony is brief; we therefore take the liberty of setting it out herein.
The appellant testified as follows:
'Direct Examination
'
'Mr. Castles: You may have the witness.'
'Mr. Nettles: All right, sir.'
'By Mr. Castles: Q. Mr. Burnett, that place there on that floor just as you go on that elevator you say is inclined? A. Yes sir.
'Q. And requires an extra push to get it on the elevator? A. Yes sir.
'Q. On that day, when you made that extra push, that is when you hurt your leg? A. Yes, sir.
'Mr. Castles: Do you want to ask him anything? 'The Court: How much is that incline?
'The Witness: I guess it's about an inch in four or five feet in the floor from the elevator back this way.
'The Court: You pushed...
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Hines v. Pacific Mills
...... Pacific Mills, 205 S.C. 353, 32 S.E.2d 1; Mack v. Branch No. 12, Post Exchange, 207 S.C. 258, 35 S.E.2d. 838; Burnett v. Appleton Co., 208 S.C. 53, 37 S.E.2d. 269; Baker v. Graniteville Co., 197 S.C. 21, 14. S.E.2d 367; Crocker v. Life Insurance Company of. ......
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Fleming v. Appleton Co.
...It was a usual form of work in a cotton mill and others engage in it regularly. Similarly employed was the claimant in Burnett v. Appleton Co., 208 S.C. 53, 37 S.E.2d 269, where the circumstance of upgrade movement of the trucks the work harder than it appears to have been in this instance,......