Majure v. William H. Alsup & Associates

• Decision Date: 23 February 1953
• Docket Number: No. 38682,38682
• Citation: 63 So.2d 113,216 Miss. 607
• Court: Mississippi Supreme Court
• Parties: MAJURE et al. v. WILLIAM H. ALSUP & ASSOCIATES et al.

Page 113

63 So.2d 113

216 Miss. 607

MAJURE et al. v. WILLIAM H. ALSUP & ASSOCIATES et al.

No. 38682.

Supreme Court of Mississippi.

Feb. 23, 1953.

Barnett, Jones & Montgomery and Francis S. Bowling, Jackson, for appellants.

Satterfield, Ewing, Williams & Shell, Jackson, for appellees.

LEE, Justice.

Mrs. Claudia Prine Majure and June and Joyce Majure filed with the Workmen's Compensation Commission their claim against William H. Alsup & Associates, employers, and American Mutual Liability Insurance Co., carrier, for benefits on account of the death of their husband and father. From the denial of their claim by the attorney-referee, the full Commission, and the circuit court of Sharkey County, they appeal here.

William H. Alsup & Associates were engaged in the construction and erection of electric power lines in Sharkey and Humphreys Counties. Their headquarters were at Hollondale. C. C. Majure, in their employ, had full charge of this work. He supervised and inspected the laying out of proposed power lines, the construction thereof, and the inspection of the same after the work was completed.

On Tuesday, October 10, 1950, Majure went from Hollondale to Rolling Fork, where he and J. L. Allen, the local R. E. A. manager, inspected lines until about 10:30 that morning when he left, stating that he had some crews to see about in the Belzoni area.

M. O. Patridge, who operated a domino and beer parlor at Rolling Fork, testified that Majure and a Mr. Lipsey were in his place about 10:30 A. M., at which time Majure drank a bottle of beer and Lipsey purchased a case of beer. Luther Hamilton testified that he saw Majure with Lipsey and Blackie Vincent at Maranto's store, near the bridge over Sunflower River on Highway 14, between 11 and 1 o'clock that day. Lipsey and Vincent were fishermen and had a camp several miles down the river. They were drinking, and one of them asked Majure if he was fond of fish and invited him to the camp, where he could eat a 'bait' and carry some home. Majure bought a case of beer and a fifth of whiskey. The three men left in a car, and when they arrived at the bridge, one of the fisherman got out of the car and into a boat in the river.

Dan Sanderford, who lived about three miles south of the highway on the west bank of the river, testified that, as he passed the fishing camp around 12 o'clock he saw a car, Lipsey offered him a drink, and that Majure was standing in the door of the camp. On his return about 5 o'clock in the afternoon, Vincent walked across the road, Lipsey was standing in the water about waist deep, taking a bath, and that Majure was sitting in the middle of the boat, which was anchored in front of the camp. A. Greer, who lived at a deer camp on the west side of the river about 9 miles south of the bridge, testified that Majure and Lipsey came to his camp in a car about 2 o'clock. When he inquired of Majure if it would be possible for him to get lights at his camp, he was told that it was 3 miles to a line across the river, and that it would be impossible for him to arrange for such service. He smelled the odor of beer or whiskey on Majure's breath. As he passed the fishing camp, going to the store, about 4 o'clock, Lipsey was standing in the front part of the boat naked and drinking a can of beer; Majure was sitting in the boat with his hands on the side; and Vincent was trying to crank the motor of the boat, which was about 40 feet from the bank. On his return from the store the car was still in the same place, but he did not see the boat or the men.

Sheriff Andy Crawford testified that Majure's body came to the surface on the following Thursday. It was found in the east part of the river, opposite the fishing camp, but slightly up the river. Vincent and Lipsey were taken into custody, and Vincent showed him the place where Lipsey put Majure out of the boat. It was about 2 1/2 feet square and appeared as though something had wallowed on the ground. He found prints of clothing and a partly smoked cigar. The bank was steep, about a 45 degree incline, hard to climb and a twig had been broken from a nearby bush. $64 in money, a watch and other personal effects were removed from the body. Dr. B. R. Wilson performed an autopsy the day after the body was recovered. He found no water either in the lungs or the stomach. In his opinion Majure must have been dead when he was submerged in the water. He could have died of a heart attack and fallen in, or he could have been smothered and put in the water, or he could have...