Lippard v. Southeastern Express Co.
| Citation | 177 S.E. 801,207 N.C. 507 |
| Decision Date | 01 January 1935 |
| Docket Number | 752. |
| Parties | LIPPARD et al. v. SOUTHEASTERN EXPRESS CO. |
| Court | United States State Supreme Court of North Carolina |
Appeal from Superior Court, Forsyth County; Alley, Judge.
Proceeding under the Workmen's Compensation Act by Edna May Lippard and others, claimants, for the death of Fred W. Lippard employee, opposed by the Southeastern Express Company employer. From a judgment of the Superior Court modifying and affirming the award of the Industrial Commission, employer appeals.
Affirmed.
This is a proceeding begun before the North Carolina Industrial Commission for compensation under the provisions of the North Carolina Workmen's Compensation Act (Pub. Laws 1929, c 120).
The facts found by the Industrial Commission are as follows:
Fred W Lippard died on September 20, 1932. At the date of his death he was an employee of the Southeastern Express Company. Both he and the said company were subject to the provisions of the North Carolina Workmen's Compensation Act.
The death of the said Fred W. Lippard was the result of personal injuries which were caused by an accident which arose out of and in the course of his employment.
At his death, Fred W. Lippard left surviving him, Edna May Lippard, Fred W. Lippard, Jr., and Phyliss Ann Lippard, his children, born of his marriage to Maggie Bell Lippard. Before his death, to wit, on August 15, 1932, Fred W. Lippard was divorced from his wife, Maggie Bell Lippard, by a decree of the superior court of Cabarrus county. The custody of the said children was awarded by the court to their father, Fred W. Lippard.
Willie Faye Lash was born on January 17, 1933. She is the child of Thelma Lash and Fred W. Lippard, who were never married to each other. Before his death, Fred W. Lippard knew that Thelma Lash was pregnant, and acknowledged that he was the father of her unborn child. Fred W. Lippard and Thelma Lash were engaged to be married on September 24, 1932. He died on September 20, 1932.
On these facts, the Industrial Commission awarded compensation for the death of Fred W. Lippard to be paid by the Southeastern Express Company to the guardian of Edna May Lippard, Fred W. Lippard, and Phyliss Ann Lippard, as dependents of Fred W. Lippard, deceased. The commission denied the claim of Willie Faye Lash that she is entitled to share in said compensation as a dependent of Fred W. Lippard, deceased.
On an appeal from this award to the superior court of Forsyth county, the award was modified and affirmed.
The court was of opinion that on the facts found by the Industrial Commission, Willie Faye Lash is a dependent of Fred W. Lippard, deceased, and, as such, is entitled to share with his children born of his marriage in the compensation to be paid by the Southeastern Express Company, and adjudged that the award of the Industrial Commission be amended in accordance with its opinion. The defendant appealed from the judgment of the superior court to the Supreme Court, assigning as error so much of said judgment as orders the Industrial Commission to amend its award by directing that Willie Faye Lash share in the said compensation.
Waller D. Brown, of Concord, for Edna May Lippard, Fred W. Lippard, Jr., and Phyliss Ann Lippard.
John C. Wallace and Wm. H. Boyer, both of Winston-Salem, for Willie Faye Lash.
The questions of law presented by this appeal are (1) whether an illegitimate child born after the death of its father, who before his...
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