Republic Iron & Steel Co. v. Reed

• Citation: 137 So. 673,223 Ala. 617
• Decision Date: 19 November 1931
• Docket Number: 6 Div. 956.
• Court: Supreme Court of Alabama
• Parties: REPUBLIC IRON & STEEL CO. v. REED.

137 So. 673

223 Ala. 617

REPUBLIC IRON & STEEL CO. v. REED.

6 Div. 956.

Supreme Court of Alabama

November 19, 1931

Certiorari to Circuit Court, Jefferson County; Roger Snyder, Judge.

Proceeding under the Workmen's Compensation Act by Gertrude Reed against the Republic Iron & Steel Company, to recover compensation as dependent widow of Tom Reed. Judgment awarding compensation, and the employer brings certiorari.

Affirmed.

Benners Burr, McKamy & Forman, of Birmingham, for appellant.

W. A Denson, of Birmingham, for appellee.

FOSTER J.

It is well settled that the findings of fact by the court in compensation cases are conclusive, if there is any legal evidence to support them. Sloss-Sheffield S. & I. Co. v House, 217 Ala. 422, 116 So. 167; Ex parte Coleman, 211 Ala. 248, 100 So. 114; Wilson v. Birmingham Electric Co., 219 Ala. 436, 122 So. 411; Dean v. Stockham Pipe & Fittings Co., 220 Ala. 25, 123 So. 225; Morgan-Hill Paving Co. v. Stewart, 220 Ala. 480, 126 So. 116.

It is also said in the case first above cited that technical questions as to the admissibility of evidence will not be considered on appeal. However, the general rules of evidence pertain to such cases as are ordinarily applicable to other proceedings in court. 1 Honold Workmen's Compensation, § 126.

The subject of the admissibility of declarations made by decedent in compensation cases, especially those declarations which tend to show the existence of his claim, has been treated in numerous cases in this country, and in England. They generally hold that such declarations are not legal evidence, unless otherwise controlled by statute. Valentine v. Weaver, 191 Ky. 37, 228 S.W. 1036; McCauley v. Imperial Woolen Co., 261 Pa. 312, 104 A. 617; Reck v. Whittlesberger, 181 Mich. 463, 148 N.W. 247, Ann. Cas. 1916C, 771, note 775 et seq.; Kivish v. Industrial Commission, 312 Ill. 311, 143 N.E. 860; Chicago, etc., R. Co. v. Industrial Board, 274 Ill. 336, 113 N.E. 629; Morris & Co. v. Industrial Board, 284 Ill. 67, 119 N.E. 944, L. R. A. 1918E, 919.

There was error in permitting evidence of declarations by deceased that he was injured by a pick while he was engaged in his employment. But such error does not have the effect of reversing the case, if there is legal evidence of the facts as found by the court independent of that which is illegal. Sloss-Sheffield S. & I. Co. v. House, supra; Ex parte Sloss-Sheffield Steel & Iron Co., 207 Ala. 219, 92 So. 458; Valentine v. Weaver, supra; McCauley v. Imperial Woolen Co., supra; Reck v. Whittlesberger, supra.

Some of those cases are where such legal evidence is circumstantial, from which an inference may be reasonably drawn of the existence of the essential ultimate facts.

We have also held that, if the injury works upon a disease germ already existent in the deceased when the accident occurs, so that it stimulates such latent disease into activity, which causes the death of the workman, it resulted from the accident and is compensable. Goslin-Birmingham Mfg. Co. v. Gantt, 222 Ala. 321, 131 So. 905.

Petitioner testified: "He was a strong, well, healthy man that day, worked all the time; he did not have a sore on him anywhere; he had been working regularly until that time; when he came home had a hole in his knee, he rolled up his pants leg and begun to put mercurochrome on it and I was making fun of it; and he says make fun of it all you want, that is where I stuck. ** I saw the leg before that day, I had not seen a wound on it before; I saw it there that night; it was a hole about like a pick would put in it; didn't look so bad then; that night begun swelling and looked red around it; I can't say how deep it was; we had the doctor with him; doctor with him; Dr. Woods, he is the one that is coming. [Q.] How long did he stay at home? [Ans.] He did it Saturday about twelve o'clock, and went to the hospital-went to the doctor Sunday morning and to the hospital Monday at three o'clock; he never came back, he died there; if he had stayed at the hospital until Monday he would have been there three weeks to the day."

John Beasley testified that he saw him coming from his work on the last day he worked, about halfway between the bathhouse and the mouth of the mine; that he was limping and had on his overalls. His overalls were introduced in evidence; they showed a hole in the leg.

There was other evidence of the abrasion on his leg. His "buddies" working with him in the...