Marsh v. Bennett College for Women
| Decision Date | 15 December 1937 |
| Docket Number | 669. |
| Citation | 194 S.E. 303,212 N.C. 662 |
| Parties | MARSH v. BENNETT COLLEGE FOR WOMEN et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Guilford County; Frank M. Armstrong Judge.
Proceeding under the Workmen's Compensation Act by Chester H. Marsh who was employed as a college machinist, fireman, and handyman, for compensation for injuries sustained when he was knocked down by débris hurled by a sudden tornado while returning to a college building from his home where he had gone to get some tools to make repairs on a pump, opposed by Bennett College for Women, employer, and Aetna Life Insurance Company, insurance carrier. From a judgment affirming an award of the full Industrial Commission denying compensation the employee appeals.
Affirmed.
The proceeding was first heard by Commissioner Jurney, at Greensboro, N. C., on June 15, 1936.
At this hearing it was admitted for the purposes of the record that the plaintiff, as an employee, and the defendant Bennett College for Women, as an employer, were both subject to the provisions of the North Carolina Workmen's Compensation Act at the date of plaintiff's injury, to wit, April 2 1936, and that the defendant Aetna Life Insurance Company was the insurance carrier of the defendant employer.
Upon his finding that on April 2, 1936, the plaintiff suffered an injury by accident which arose out of and in the course of his employment, Commissioner Jurney made an award requiring the defendants to pay the plaintiff compensation for his injury in accordance with the provisions of the North Carolina Workmen's Compensation Act.
At the request of the defendants, the award of Commissioner Jurney was reviewed by the full commission, at Raleigh, N. C., on January 6, 1937.
Upon such review, the full commission found that the accident which caused the injury suffered by the plaintiff on April 2, 1936, did not arise out of and in the course of his employment, and accordingly made an award setting aside and vacating the award of Commissioner Jurney, and denying compensation to the plaintiff for his injury.
On plaintiff's appeal from the award of the full commission to the judge of the superior court of Guilford county, the award of the full commission was affirmed. Plaintiff appealed to the Supreme Court, assigning error in the judgment affirming the award of the full commission.
York & Boyd, of Greensboro, for appellant.
Sapp & Sapp, of...
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