Dependents v. Sigmon

• Decision Date: 27 January 1932
• Docket Number: No. 520.,520.
• Citation: 202 N. C. 172,162 S.E. 198
• Parties: POOLE'S DEPENDENTS. v. SIGMON et al.
• Court: North Carolina Supreme Court

162 S.E. 198

202 N. C. 172

POOLE'S DEPENDENTS.

v.SIGMON et al.

No. 520.

Supreme Court of North Carolina.

Jan. 27, 1932.

Appeal from Superior Court, Catawba County; Moore, Judge.

Proceeding under the Workmen's Compensation Act by dependents of Fred Poole for his death, claimants, opposed by D. T. Sigmon and others. From the judgment affirming the award of the Industrial Commission, named defendant appeals.

Reversed.

This is a proceeding begun before the North Carolina Industrial Commission for an award of compensation to be paid to the dependents of Fred Poole, deceased, by the defendant D. T. Sigmon, pursuant to the provisions of the North Carolina Workmen's Compensation Act (Code 1931, § 8081 (h) et seq.).

The proceeding was heard in the superior court of Catawba county upon the appeal of the defendant D. T. Sigmon from the award made by the Industrial Commission. This award was made by the commission upon its findings of fact and conclusions of law as appear in the record. The award was approved by the judge of the superior court.

From judgment affirming the award, the defendant D. T. Sigmon appealed to the Supreme Court.

Clarence Clapp and Walter C. Feimster, both of Newton, for appellant.

CONNOR, J.

We find no evidence in the record certified to this court on defendant's appeal from the judgment of the superior court, tending to support the finding by the North Carolina Industrial Commission, that Fred Poole, deceased, at the date of his fatal injuries, was an employee of the defendant D. T. Sigmon. All the evidence shows that he was an employee of the defendants Allen & Mathis. Nor do we find any evidence tending to support the finding that at said date the defendant D.. T. Sigmon had in his employment, for any purpose, not less than five employees. For this reason, there was error of law in the findings of fact made by the said Industrial Commission, upon which the said commission made its award in this proceeding, and in the judgment of the superior court affirming said award.

The findings of fact made by the North Carolina Industrial Commission, in a proceeding pending before the said commission, are conclusive on an appeal from said commission to the superior court, only when there was evidence before the commission tending to show that the facts are as found by the commission. Otherwise the findings are not conclusive, and the superior court, on an appeal from the award of the commission, has jurisdiction to review all the evidence for the...