Hunt v. State
| Decision Date | 27 May 1931 |
| Docket Number | No. 344.,344. |
| Citation | 158 S.E. 703 |
| Court | North Carolina Supreme Court |
| Parties | HUNT. v. STATE, Adjutant General's Department. |
Appeal from Superior Court, Granville County; Devin, Judge.
Proceeding under the Workmen's Compensation Act by David Elder Hunt, deceased, against the State, Adjutant General's Department, self-insurer. Prom the judgment reversing a ruling of the Industrial Commission, defendant appeals.
Proceeding dismissed.
Proceeding under Workmen's Compensation Act (Pub. Laws 1929, c. 120) by "David Elder Hunt, deceased, " to determine liability of the state, as self-insurer, to decedent's dependents or his estate.
David Elder Hunt, a duly enlisted member of the North Carolina National Guard, was killed in an automobile accident about 1:30 a. m. July 13, 1930, while driving from his home in Oxford, N. C, to Morehead City, N. C, to report for duty at Camp Glenn in con-nection with the annual encampment of the North Carolina National Guard.
The deceased was 19 years of age at the time of his death. He left no one him surviving wholly or partially dependent upon his earnings for support. No personal representative of the deceased has been appointed, and it is not clear from the record just how the matter was presented to the North Carolina Industrial Commission.
At any rate, the Industrial Commission "denied compensation in this case" on the ground that the injury by accident, resulting in death, did not arise out of and in the course of the employment of the deceased as a National Guardsman. This ruling was reversed on appeal to the superior court, the appeal being by "the claimant, " and the judgment of the superior court recites "that the personal representative of the said David Elder Hunt, deceased, is entitled to compensation under the provisions of the Workmen's Compensation Act."
From this judgment the defendant appeals, assigning error.
D. G. Brummitt, Atty. Gen., and Frank Nash and W. D. Siler, Asst. Attys. Gen., for appellant.
Parham & Lassiter and Royster & Royster, all of Oxford, for appellee.
The liability of the state, as self-insurer, under the Workmen's Compensation Act, for injuries arising out of and In the course of the employment of a duly enlisted National Guardsman, was considered In Baker v. State, 200 N. C. 232, 156 S. E. 917.
But it is provided by section 40 of the Workmen's Compensation Act that, in case the deceased employee leaves no dependents, the employer shall pay the amount allowed thereunder "to...
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