Davis v. Mecklenburg County

• Decision Date: 23 November 1938
• Docket Number: No. 522.,522.
• Citation: Davis v. Mecklenburg County, 214 N.C. 469, 199 S.E. 604 (N.C. 1938)
• Court: North Carolina Supreme Court
• Parties: DAVIS. v. MECKLENBURG COUNTY et al.

199 S.E. 604

214 N.C. 469

DAVIS.

v.MECKLENBURG COUNTY et al.

No. 522.

Supreme Court of North Carolina.

Nov. 23, 1938.

Appeal from Superior Court, Mecklenburg County; G. V. Cowper, Special Judge.

Proceeding under the Workmen's Compensation Act by Mrs. Zelma H. Davis, widow of Rone Lee Davis, claimant, for death of Rone Lee Davis, her husband, opposed by Mecklenburg County, employer, and the Travelers Insurance Company, insurance carrier. From a judgment of the superior court, affirming Industrial Commission's order setting aside hearing commissioner's award of compensation, claimant appeals.

Affirmed.

This is a claim for compensation under The North Carolina Workmen's Compensation Act, Chap. 120, Public Laws 1929, and amendments thereto, N.C.Code of 1935 (Michie), § 8081(h) et seq.

The hearing Commissioner made an award allowing compensation but upon appeal to it the Full Commission set aside such award and found "as a fact that the plaintiff's deceased did not sustain an injury by accident arising out of nor in the course of his regular employment January 9th, 1937, when he sustained an injury by accident while en route to his employment", and denied compensation.

Upon appeal to it the Superior Court entered judgment affirming the action of the Full Commission, to which judgment the claimant reserved exception and appealed to the Supreme Court.

Fred C. Hunter, of Charlotte, for appellant.

Guthrie, Pierce & Blakeney, of Charlotte, for appellees.

SCHENCK, Justice.

"When the Industrial Commission concludes that an injury arose out of and in the course of the employment of a claimant and such conclusion is supported by competent testimony, neither the superior court nor this court may interfere therewith. Marsh v. Bennett College, 212 N.C. 662, 194 S.E. 303; Wimbish v. Detective Co., 202 N.C. 800, 164 S.E. 344. Likewise, when the commission finds that the evidence is insufficient to support such conclusion and it finds that the injury relied upon by the plaintiff as a basis for compensation did not arise out of and in the course of the employment of the plaintiff, such conclusion must stand, unless under no view of the facts found by the commission such conclusion is warranted." Lockey v. Cohen, Goldman & Co. et al., 213 N.C. 356, 196 S.E. 342, 344.

The evidence is to the effect that on January 9th, 1937, Rone Lee Davis, husband of the claimant, was employed by Mecklenburg County as a rural policeman, and while driving in his own automobile from his residence...