Holmes v. M. G. Brown Co. Inc
| Decision Date | 27 February 1935 |
| Docket Number | No. 25.,25. |
| Parties | HOLMES. v. M. G. BROWN CO., Inc., et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Chowan County; Moore, Special Judge.
Proceeding under the Workmen's Compensation Act by Mrs. Ruth Howell Holmes, for the death of her husband, S. T. Holmes, employee, opposed by the M. G. Brown Company, employer, and the Lumber Mutual Casualty Company of New York, insurance carrier. From a judgment of the superior court affirming an award by the hearing commissioner and the Industrial Commission denying compensation, and dismissing the claim, plaintiff appeals.
Affirmed.
This was a proceeding brought under the Workmen's Compensation Act (Pub. Laws 1929, c. 120, as amended) by the dependent widow of S. T. Holmes to determine the lia bility of employer and carrier for the death of her husband.
The evidence tends to show that the deceased, an employee, suffered fatal injury while in the course of his employment; that said fatal injury was inflicted by a pistol in the hands of one Short, who immediately killed himself with the same pistol. From the evidence, more than one inference might reasonably have been drawn, and the hearing commissioner found "as a fact that the death of the deceased was not the result of an accident which arose out.of and in the course of his employment, " and issued an award denying compensation and dismissing the claim.
From the award by the hearing commissioner the plaintiff appealed to the full commission, which found as a fact "that the murder of the deceased did not arise out of his employment, " and concluded that "compensation was properly denied."
From the full commission the plaintiff appealed to the superior court. The judgment of the superior court contains the following: " * * * It being conceded by the plaintiff and the defendants that the evidence before the Hearing Commissioner and before the Industrial Commission was uncontradicted and undisputed and that the facts are as the evidence tends to show and that the findings of the Hearing Commissioner and the Industrial Commission should be interpreted in connection with said undisputed evidence and, so interpreted, mean that in the mind of J. J. Short, murderer of S. T. Holmes, deceased, there was a connection between the murder and the employment, growing out of the fact that Holmes had spoken to Short about taking too long on trips to Norfolk for his employer and out of the fact that Short erroneously and irrationally...
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