Hartley v. North Carolina Prison Dept., 453
Citation | 258 N.C. 287,128 S.E.2d 598 |
Decision Date | 12 December 1962 |
Docket Number | No. 453,453 |
Court | United States State Supreme Court of North Carolina |
Parties | George W. HARTLEY, Plaintiff, v. NORTH CAROLINA PRISON DEPARTMENT, Defendant. |
Thomas Wade Bruton, Atty. Gen., Richard T. Sanders, Staff Atty., Ted C. Brown, Staff Atty., for the State.
Brooks & Brooks, by Eugene C. Brooks, III, Durham, for plaintiff, appellee.
The appellant argues the award should be disallowed for that the employee's injury did not arise out of and in the course of his employment. It contends the claimant climbed the fence for his own convenience rather than as a part of his duty. Appellant further contends the conclusions of law are contrary to, and not supported by, the evidence.
According to all the evidence the employee's duties required him to work within the enclosure except when he was called to relieve a guard stationed in a tower on the outside. When guard Prevatte called for relief, Hartley, whose duty it was to answer the call, was on the inside of the fence near the tower where Prevatte was stationed as a guard. Hartley could get to the tower by walking one hundred yards along the inside of the fence to a locked gate and have the guard from a nearby tower unlock it and let him through. He could then return on the outside of the fence to Prevatte's tower, a few feet from, but on the other side of the fence from the point where Hartley received the call. Instead, he undertook to climb the fence, fell or jumped, and was injured. He testified:
Prevatte testified, and Major Lennon, the institutional head of the camp, admitted: 'After Mr. Hartley fell, the guard and the doctor got to him by climbing the fence.'
The evidence abundantly supports the finding that Hartley was injured in attempting to go to the tower to relieve guard Prevatte. In fact, the evidence permits no other conclusion. Is compensation defeated because he attempted to cross the fence rather than go to the nearest gate, have a guard from the tower unlock the gate for him, then return on the outside of the fence to a point just a few feet from where he started? In a negligence case contributory negligence is a defense. But not even gross negligence is a defense to a compensation claim. Only intoxication or injury intentionally inflicted will defeat a claim. An intentional violation of an approved safety rule of which he had prior notice will not defeat, but will only reduce the amount of an award. G.S. § 97-12 provides: (Emphasis added.)
The evidence does not suggest that Hartley was either intoxicated or that he intentionally injured himself. He was injured while...
To continue reading
Request your trial-
Arp v. Parkdale Mills, Inc.
...on the part of plaintiff in attempting to leave by climbing the gate is not a bar to recovery under Act. Hartley v. [NC] Prison Dept. 258 N.C. 287, 128 S.E.2d 598 (1962). 4. Because Parkdale Mills general intent or purpose for having a gate or fence around the plant is irrelevant and plaint......
-
Smith, Matter of
...Case of Bennett, 140 Me. 49, 33 A.2d 799 (1943) (jumping a railing instead of following a stairway); Hartley v. North Carolina Prison Dept., 258 N.C. 287, 128 S.E.2d 598 (1962) (climbing a fence rather than walking 300 feet to the gate); Alabama Concrete Pipe Co. v. Berry, 226 Ala. 204, 146......
-
Osteen v. Greenville County School Dist.
...occurring when he, contrary to instructions, attempted to wade across the lake to cut weeds he had missed); Hartley v. N.C. Prison Dept., 258 N.C. 287, 128 S.E.2d 598 (1962) (prison guard compensated for injuries sustained when he, contrary to prison rules, climbed the fence rather that wal......
-
Hassell v. Onslow County Bd. of Educ.
...is when the injury is occasioned by his intoxication or willful intention to injure himself or another." Hartley v. N.C. Prison Dep't, 258 N.C. 287, 290, 128 S.E.2d 598, 600 (1962) (citations and internal quotation marks omitted); see also N.C.G.S. § 97-12 (2007). Thus, except as expressly ......