Hunter v. Hunter Auto Co, 475.

• Decision Date: 14 June 1933
• Docket Number: No. 475.,475.
• Court: North Carolina Supreme Court
• Parties: HUNTER. v. HUNTER AUTO CO. et al.

204 N. C. 723

169 S.E. 648

HUNTER.

v.HUNTER AUTO CO. et al.

No. 475.

Supreme Court of North Carolina.

June 14, 1933.

Appeal from Superior Court, Mecklenburg County; Cowper, Special Judge.

Proceeding under the Workmen's Compensation Act by R. L. Hunter, claimant, opposed by the Hunter Auto Company, employer, and the United States Casualty Company, insurance carrier. An award by the Industrial Commission was affirmed by the Superior Court, and respondents appeal.

Affirmed.

The plaintiff was secretary and treasurer of the Hunter Auto Company, and also was a holder of $2,500 of the capital stock of the corporation. When the company was originally incorporated, the stockholders were O. F. Hoke, R. B. Oswald, and R. L. Hunter. Oswald was the bookkeeper and Hunter was not only secretnry and treasurer, but was manager of the business. Hoke furnished the money, and neither Hunter nor Oswald had paid anything for the stock which had been issued to them. The evidence was that Hoke was "the directing head of the corporation, " and that the plaintiff worked directly under him and received instructions from him. The plaintiff said: "I was salesman and collector in the stockroom and anything that was to be done around. We had a bookkeeper. He kept the books and everything that was to be done--anything in the world, why it was up to me and the other salesmen. I stayed out three-fourths of the time, * * * working on the outside, whether selling, collecting or any of that kind of stuff. * * * Mr. Hoke did all the firing and everything, changed bookkeeper one or two times. * * * I did whatever was necessary to be done about the place. * * * I received all my orders and directions in regard to the management of the company from Mr. Hoke." The evidence tended to show that on February 5, 1932, the plaintiff had been out on a collecting trip for the company, and while driving between Plowing Rock and Lenoir plaintiff was injured. He said: "There was a dog that ran across the road and I just jerked the car and lost control of It--You know how those things happen * * * just lost control, * * * the car fell--the papers said it fell 900 feet. * * * It threw me out about half way down and I guess I stayed there for approximately three hours before I came to. The car belonged to the Hunter Auto Co." The evidence further showed that the plaintiff had sustained serious injuries.

The cause was heard by the Industrial Commission, and in an opinion by Commissioner Dorsett It was found that the plaintiff had "suffered an injury by accident arising out of and in the course of his employment, •...