Lineberry v. Town of Mebane
| Citation | 13 S.E.2d 429,219 N.C. 257 |
| Decision Date | 05 March 1941 |
| Docket Number | 737. |
| Parties | LINEBERRY v. TOWN OF MEBANE. |
| Court | North Carolina Supreme Court |
For former opinion, see 218 N.C. 737, 12 S.E.2d 252.
Long Long & Barrett, of Burlington, for plaintiff-appellant.
Thos C. Carter, of Burlington, and June A. Crumpler, of Mebane for defendant-appellee.
Claimant was born July 7, 1921. He was injured May 31, 1938. He was 18 years of age July 7, 1939, and filed claim on July 24, 1939. Thus it appears that the statement in the original opinion that "more than twelve months expired after claimant became 18 years of age before claim was filed" was due to a miscalculation of time. This being true, it becomes necessary to determine whether the limitation of time provided in the Workmen's Compensation Act, Sec. 24, Ch. 120, P.L. 1929, for filing claim thereunder is tolled in behalf of a person under 18 years of age who is without guardian or other legal representative.
At common law an infant was under disability and without legal capacity to contract or to act in his own name in asserting a right in any legal proceeding. He could neither sue nor defend a suit in his own name. So long as he was without guardian limitations of time were tolled during the continuance of the disability. This common-law rule still prevails in this State, except as it may have been modified by statute.
To what extent, if any, is this common-law rule, as to the disability of infants, modified by the Workmen's Compensation Act? The answer to this question answers the question posed by this appeal.
For the purpose of becoming bound by the Workmen's Compensation Act the disability of an infant of whatever age is removed. The term "employee" is defined to mean "every person engaged in an employment under any appointment *** of hire or apprenticeship, express or implied, oral or written, including aliens, and also including minors, whether lawfully or unlawfully employed". Section 2. Every employee is presumed to have accepted the provisions of the act, sec. 4, and is bound thereby unless he has given notice of nonacceptance, sec. 5, or is otherwise excluded by the terms of the act.
Whenever payment is made to any person 18 years of age or over the written receipt of such person acquits the employer. When the employee is under 18 years of age and the amount to be received does not exceed $300 his father, mother or natural guardian is authorized to receive and receipt for the money and to acquit the employer. Whenever the amount received for compensation exceeds $300 it must be made to some person or corporation appointed by the Superior Court as a guardian and the receipt of such guardian acquits the employer. Sec. 47. See, however, sec. 7, ch. 274, P.L.1931.
The guardian, trustee or committee of an employee who is mentally incompetent or is under 18 years of age at the time when any right or privilege accrues to him under this act may, in behalf of such...
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