Osborne v. Colonial Ice Co.
| Decision Date | 14 January 1959 |
| Docket Number | No. 610,610 |
| Citation | 106 S.E.2d 573,249 N.C. 387 |
| Court | North Carolina Supreme Court |
| Parties | Mrs. Eleanor Johnson OSBORNE, Widow, Eleanor Joan Osborne, Daughter, Z. T. Osborne, Deceased, v. COLONIAL ICE COMPANY and Hartford Accident & Indemnity Company. |
Thomas Turner, Jordan, Wright & Henson, Greensboro, for plaintiffs, appellants.
Adams, Kleemeier & Hagan, by Charles T. Hagan, Jr., Greensboro, for defendant, appellee.
The plaintiffs' assignments of error, as stated in their brief, present three questions: (1) Does the testimony tending to show an individual was intoxicated at 11:30 a. m. have any probative value as to whether the same individual was intoxicated at 6:30 p. m. the same day? (2) Is evidence of chemical analysis of the blood alone sufficient upon which to base a finding that the deceased was intoxicated? (3) Is there sufficient competent evidence to support the findings that the deceased was intoxicated at the time of the accident, and if so, is there sufficient competent evidence to support the finding that the intoxication of the deceased occasioned the accident in which he was killed?
In answer to the first question, under the facts of this case, the Court has doubt as to the probative value of testimony of intoxication at 11:30 a. m. upon the issue of intoxication at 6:30 p. m., especially in view of the evidence the subject was sober at 2:30 p. m. However, the admission of evidence that is without probative value is not fatal in a proceeding of this character. The question is whether the finding of intoxication at 6:30 p. m. is supported by competent evidence. Bradsher v. Morton, 249 N.C. 236, 106 S.E.2d 217; Pitman v. L. M. Carpenter & Associates, 247 N.C. 63, 100 S.E.2d 231; Blalock v. City of Durham, 244 N.C. 208, 92 S.E.2d 758; State v. Kelly, 227 N.C. 62, 40 S.E.2d 454.
The decisions of this Court are to the effect the percentage of alcohol in the blood stream is competent evidence on the question of intoxication. Davis, the chemist, qualified as an expert in the field of chemical analysis, and haemotology (blood analysis). His knowledge and experience have been such as to enable him to testify as to the effect of various percentages of alcohol in the blood stream in producing intoxication. He testified that 0.20 per cent of alcohol in the blood stream will produce intoxication. He analyzed the blood sample delivered to him by Dr. Harvey. It contained 0.20 per cent of alcohol. In his opinion the victim, because of the presence of that percentage of alcohol, was intoxicated. Such evidence is sufficient to support the Industrial Commission's finding to that effect. State v. Moore, 245 N.C. 158, 95 S.E.2d 548; State v. Henderson, 245 N.C. 165, 95 S.E.2d 594; State v. Willard, 241 N.C. 259, 84 S.E.2d 899; see also, State v. Collins, 247 N.C. 244, 100 S.E.2d 489. A finding by the Industrial Commission, if supported by competent evidence, is binding on the superior court judge who reviews the case and is likewise binding on this Court on the appeal. Blalock v. City of Durham, supra; Brooks v. Carolina Rim & Wheel Co., 213 N.C. 518, 196...
To continue reading
Request your trial
-
Inscoe v. DeRose Industries, Inc.
...of the injuries sustained. Previous North Carolina case law in this general area has never defined the term. In Osborne v. Ice Co., 249 N.C. 387, 106 S.E.2d 573 (1959), there was evidence that the employee was intoxicated, attempted to pass a truck going in the same direction, skidded his c......
-
Jackson v. North Carolina State Highway Commission, 605
...and state its conclusions. If the findings are supported by competent evidence, they are conclusive on the courts. Osborne v. Colonial Ice Co., 249 N.C. 387, 106 S.E.2d 573; Vause v. Farm Equipment Co., 233 N.C. 88, 63 S.E.2d 173; Riddick v. Richmond Cedar Works, 227 N.C. 647, 43 S.E.2d 850......
-
Rorie v. Holly Farms Poultry Co., 181A82
...The determination of the proximate cause of the claimant's injuries is a question for the finder of fact. Osborne v. Ice Company, 249 N.C. 387, 106 S.E.2d 573 (1959). The Deputy Commissioner found that the deceased had the willful intention to injure another and that this intent was the pro......
-
Robinson v. Life & Cas. Ins. Co. of Tenn., 242
...in the blood stream as shown by proper chemical tests is competent evidence on the question of intoxication. Osborne v. Colonial Ice Co., 249 N.C. 387, 106 S.E.2d 573; State v. Moore, 245 N.C. 158, 95 S.E.2d 548; State v. Willard, 241 N.C. 259, 84 S.E.2d 899. See also Anno.---Intoxication--......