Kearns v. Biltwell Chair &
| Decision Date | 16 December 1942 |
| Docket Number | No. 674.,674. |
| Citation | 23 S.E.2d 310,222 N.C. 438 |
| Court | North Carolina Supreme Court |
| Parties | KEARNS . v. BILTWELL CHAIR & FURNITURE CO. et al. |
Appeal from Superior Court, Davidson County; Hubert E. Olive, Special Judge.
Proceeding under the Workmen's Compensation Act by T. L. Kearns, claimant, opposed by Biltwell Chair & Furniture Company, employer, and another, as in-surer. From a judgment affirming an award of the Industrial Commission to claimant, the employer and insurer appeal. Affirmed.
Proceeding under Workmen's Compensation Act, Code 1939, § 8081(h) et seq, to determine liability of defendant employer and insurance carrier to plaintiff, injured employee.
On August 4, 1941, the plaintiff, while in the employ of Biltwell Chair & Furniture Company at its plant in Denton, N. C, operating a machine known as a sander, discovered a big-headed, rusty upholstering tack sticking through the sole of his shoe and entering his right foot beneath the big toe, from which infection set in, finally necessitating the amputation of his right leg.
The Industrial Commission found that the injury by accident which the plaintiff sustained arose out of and in the course of his employment, and accordingly awarded compensation. The defendants appealed to the Superior Court, challenging the sufficiency of the evidence to support the findings of the Commission.
From judgment affirming the award of the Commission, the defendants appeal, assigning errors.
Don. A. Walser, of Lexington, for appellants.
J. F. Spruill, of Lexington, for appellee.
There is ample evidence to support the findings of fact made by the Industrial Commission, and, on the facts found, the award appears to be correct.
To debate the different inferences which the parties seek to draw from the evidence would be to travel again the same ground covered by the Industrial Commission. The findings of fact, supported as they are by competent evidence, are "conclusive and binding as to all questions of fact" N.C. Code 1939, Sec. 8081 (ppp) and on appeal are not subject to review by the Superior Court or this Court, even though we might be inclined to a contrary view if permitted to review the factual determinations. Lassiter v. Carolina Tel. Co, 215 N.C. 227, 1 S.E.2d 542; Beach v. McLean, 219 N.C. 521, 14 S.E.2d 515; Reed v. Lavender Bros, 206 N.C. 898, 172 S.E. 877; Greer v. Swannanoa Laundry, 202 N.C. 729, 164 S.E. 116.
The record presents only a factual dispute, which the Commission has resolved in...
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...New York Life Ins. Co., 226 N.C. 325, 38 S.E.2d 97; Hegler v. Cannon Mills Co., 224 N.C. 669, 31 S.E.2d 918; Kearns v. Biltwell Chair & Furniture Co., 222 N.C. 438, 23 S.E.2d 310; but where the facts are found by the Commission under a misapprehension of the law, the court is not bound by s......
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Rewis v. New York Life Ins. Co.
... ... Hegler v. Cannon Mills ... Co., 224 N.C. 669, 31 S.E.2d 918; Kearns v. Biltwell ... Chair & Furniture Co., 222 N.C. 438, 23 S.E.2d 310. Where ... the record is such ... ...
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Whitted v. Palmer-Bee Co.
... ... 325, 38 S.E.2d 97; Hegler v. Cannon ... Mills Co., 224 N.C. 669, 31 S.E.2d 918; Kearns v ... Biltwell Chair & Furniture Co., 222 N.C. 438, 23 S.E.2d ... 310; but where the facts are ... ...
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