Hollowell v. North Carolina Dep't Of, 256.

• Citation: 201 N.C. 616,161 S.E. 89
• Decision Date: 10 November 1931
• Docket Number: No. 256.,256.
• Court: United States State Supreme Court of North Carolina
• Parties: HOLLOWELL. v. NORTH CAROLINA DEPARTMENT OF CONSERVATION AND DEVELOPMENT.

161 S.E. 89

(201 N.C. 616)

HOLLOWELL.

v.NORTH CAROLINA DEPARTMENT OF

CONSERVATION AND

DEVELOPMENT.

No. 256.

Supreme Court of North Carolina.

Nov. 10, 1931.

Appeal from Superior Court, Wake County; Henry A. Grady, Judge.

Proceeding under the Workmen's Compensation Act by Mollie Bunch Hollowell, for the death of John W. Hollowell, her husband, claimant, opposed by the North Carolina Department of Conservation & Development, employer. From a judgment setting aside the award of the Industrial Commission, claimant appeals.

Error, and remanded.

This is a claim from Chowan county for the death of John W. Hollowell, a deputy forest warden who was killed August 30, 1930, by John Kermet and Levi Nixon.

The claim was heard before M. H. Allen, chairman of the Industrial Commission, who found that tie petitioner is the sole dependent of the deceased; that the deceased at the time of his death was in the employ of the Department of Conservation and Development as a deputy forest warden and ex officio game warden; that it was his duty to enforce the fishing laws and regulations; that the Department of Conservation and Development dealt with him as an ex officio fish warden; that the deceased Was its employee upon a commission contract; that the parties are bound by the Workmen's Compensation Act; and that the accident and death of deceased arose out of and in the course of his employment.

Upon these facts, compensation was awarded the claimant. The defendant appealed directly to the superior court without applying to the full commission for a review. In the superior court, the award of the Industrial Commission was set aside, and it was adjudged that the petitioner recover nothing by the suit. The petitioner excepted and appealed.

Privott & Privott, of Edenton, for appellant.

Dennis G. Brummitt, Atty. Gen., and A. F. F. Seawell and Walter D. Siler, Asst. Attys. Gen., for appellee.

ADAMS, J.

The respondent appealed from the order made by the chairman of the Industrial Commission directly to the superior court of Wake county without applying to tie full commission for its review of the proceedings. This mode of obtaining a review of the hearing by one member of the commission is not within the contemplation of law. Public Laws 1929, c. 120, §§ 58-60. When made by only one member of tie commission, the award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at. issue, shall be filed with the record of the...