Chadwick v. North Carolina Dep't Of Conservation And Dev.

• Decision Date: 31 May 1941
• Docket Number: No. 595.,595.
• Citation: 14 S.E.2d 842,219 N.C. 766
• Court: North Carolina Supreme Court
• Parties: CHADWICK et al. v. NORTH CAROLINA DEPARTMENT OF CONSERVATION AND DEVELOPMENT et al.

14 S.E.2d 842

219 N.C. 766

CHADWICK et al.

v.NORTH CAROLINA DEPARTMENT OF CONSERVATION AND DEVELOPMENT et al.

No. 595.

Supreme Court of North Carolina.

May 31, 1941.

Appeal from Superior Court, New Hanover County; Clauson L. Williams, Judge.

Proceedings under the Workmen's Compensation Act by J. M. Chadwick, administrator of the estate of J. I. Chadwick, deceased, and others, opposed by the North Carolina Department of Conservation and Development and West Virginia Pulp & Paper Company, both employers being self-insurers. From a judgment of the superior court affirming an award against both employers, the West Virginia Pulp & Paper Company appeals.

Reversed as to appellant.

Poisson & Campbell, of Wilmington; for appellant West Virginia Pulp & Paper Co.

Harry McMullan, Atty. Gen, and T. W. Bruton and Geo. B. Patton, Asst. Attys. Gen, for defendant North Carolina Department of Conservation and Development.

Corbett & Johnson, of Burgaw, for appellees.

PER CURIAM.

This is a proceeding under the Workmen's Compensation Act, Code 1939, § 8081(h) et seq, for an award to the next of kin of deceased, Chadwick, because of his injury and death by accident while allegedly employed by defendants.

The appealing defendant, West Virginia Pulp & Paper Company, entered into a contract with the State Department of Conservation and Development under which the Pulp Company contributed one-half the expenses (with a maximum limitation based on acreage), the Department one-fourth, and the Federal Government one-fourth, --to be placed in a fund handled by the Department, --to employ a "forest ranger" or "fire warden" to prevent or control fires on a large tract of timbered land owned exclusively by appellant. Under this contract the deceased, Chadwick, was employed as forest ranger or fire warden, and took the oath of office as fire warden, and was paid the agreed salary by the Department out of the fund so provided. The Pulp Company denied it was an employer.

Chadwick sustained the injury resulting in his death through a fall from a bridge being constructed by the Pulp Company, over which a fire lane was to be estab-lished. The Industrial Commission awarded compensation against both defendants, and the award was sustained upon appeal to the Superior Court. From the judgment of the Superior Court affirming the award, the Pulp Company, alone, appealed.

In the case on appeal we find the following stipulation: "The defendant, West Virginia Pulp and Paper Company, raises no objection as to the cause of the death of the deceased or to the defendants as established by...