Great Atlantic & Pacific Tea Co. v. Davis, 6 Div. 332.

• Decision Date: 18 May 1933
• Docket Number: 6 Div. 332.
• Citation: 226 Ala. 626,148 So. 309
• Parties: GREAT ATLANTIC & PACIFIC TEA CO. v. DAVIS.
• Court: Alabama Supreme Court

148 So. 309

226 Ala. 626

GREAT ATLANTIC & PACIFIC TEA CO. v. DAVIS.

6 Div. 332.

Supreme Court of Alabama

May 18, 1933

Certiorari to Tuscaloosa Circuit Court; Henry B. Foster, Judge.

Proceeding under the Workmen's Compensation Act by Dossie Davis against the Great Atlantic & Pacific Tea Company, to recover compensation as dependent widow of A. A. Davis on account of injury and death arising out of employment. Judgment awarding compensation, and the employer brings certiorari.

Affirmed.

H. A. &amp D. K. Jones, of Tuscaloosa, for appellant.

H. L Findley, of Tuscaloosa, for appellee.

BOULDIN Justice.

The main question here involved is whether the death of the "employee was caused by an accident" within the meaning of the Workmen's Compensation Law (Code 1923, § 7534 et seq.).

Appellant insists there was no legal evidence to support a reasonable inference of any causal connection between the alleged accident and the death of the employee.

The question of law thus raised may be presented by bill of exceptions setting out the evidence before the trial court.

On consideration of the evidence we find it supports reasonable inferences to the following effect: Mr. Davis, the employee was afflicted with a chronic valvular disease of the heart, not usually fatal, but liable to become acute and dangerous from overexertion, traumatism, or shock.

Apparently in good health, he worked regularly at his employment in a grocery store and meat market of appellant. While operating an electric sausage grinder he received an electric shock of such violence as to visibly affect his appearance. He returned to his work later in the day, and so continued for a day or two, but suffered with headache, dizziness, and vomiting. After three days he was confined to his bed, and growing worse, died on the seventh day after the injury. The immediate cause of death was this valvular heart disease.

The evidence of the physicians and text-writers, or portions of such evidence, to say the least, tended to support a reasonable inference that the electric shock accelerated the heart disease, and caused death at the time it came.

The trial court, upon a finding in keeping with this line of evidence, properly awarded compensation. Crescent Coal Co. v. Simmons, 217 Ala. 367, 116 So. 512; New River Coal Co. v. Files, 215 Ala. 64, 109 So. 360; Southern Cement Co. v. Walthall, 217 Ala. 645, 117 So. 17; Stith Coal Co. v. Alvis, 224 Ala. 603, 141 So. 663; Goslin-Birmingham Mfg. Co. v. Gantt, 222 Ala. 321, 131 So. 905.

Evidence further tended to show the manager of the store was present and learned of the accident and its...