Ridout v. Rose's 5-10-25 Cent Stores

• Decision Date: 22 November 1933
• Docket Number: 384.
• Parties: RIDOUT et al. v. ROSE'S 5-10-25 CENT STORES et al.
• Court: North Carolina Supreme Court

171 S.E. 642

205 N.C. 423

RIDOUT et al. v. ROSE'S 5-10-25 CENT STORES et al.

No. 384.

Supreme Court of North Carolina

November 22, 1933

Appeal from Superior Court, Wake County; Moore, Special Judge.

Proceedings under the Workmen's Compensation Act by C. G. Ridout and wife, as parents and next of kin, for the death of Clarence B. Ridout, and by Mrs. Myrtle Dement, mother and next of kin for the death of William Dement, opposed by Rose's 5-10-25 Cent Stores, employer, and the United States Fidelity & Guaranty Company, insurance carrier. An award of the Industrial Commission denying compensation was affirmed by the Superior Court, and claimants appeal.

Affirmed.

Industrial Commission's finding of fact is conclusive on appeal where there is sufficient competent evidence to sustain award.

These actions, consolidated by consent, are founded upon claims for death filed for the plaintiffs before the North Carolina Industrial Commission.

Clarence B. Ridout and William Dement were employees of Rose's 5-10-25 Cent Stores --the former manager, the latter assistant manager of the store at Morehead City. On Sunday December 20, 1931, these young men made a trip from Morehead City to Henderson in a car owned by William Dement. Rose's Stores had a warehouse in Henderson, from which all its branch stores were supplied. After their arrival at Henderson, Ridout had dinner with the manager of the warehouse and Dement called to see a young lady. In the afternoon, Ridout and the manager walked to the warehouse got certain goods, put them in the car, and the young men started on their return trip. Near Raleigh the car in which they were traveling was struck by another going in the opposite direction and both young men were killed.

After taking and considering the evidence in reference to the respective claims, Matt H. Allen, chairman of the Industrial Commission, made a formal award denying compensation. Among other facts he found the following: Ridout had formerly lived in Henderson and had worked with the defendant company in its warehouse. Dement was to be married to a young lady residing in Henderson, whom he had visited each weekend for several months prior to the Sunday before the accident. On Sunday, December 20, Ridout obtained from the warehouse articles of merchandise, which were put in the car. Both young men were employed and paid by the week and neither of them was charged with any duties or responsibilities in connection with the work between the time the store was closed on Saturday night and the time it was opened on Monday morning, and neither of them was under the supervision or control of the company during this period. The employer did not require the use of an automobile by the employees in the performance of their duties and did not provide for them either a car or gasoline for this or any other trip.

The award includes the following specific findings:

"1. C. B. Ridout, deceased, manager of the defendant company's store at Morehead City, N. C., and W. D. Dement, deceased, assistant manager of the defendant company's store at Morehead City; left Morehead City on Sunday Morning, December 20, at 3:30 o'clock, for Henderson, N. C., primarily for personal social reasons and not by force of any duty of employment expressed or implied.

"2. While in Henderson, N. C., on Sunday, December 20, they procured from the warehouse of the defendant articles of merchandise valued at $65, which they intended to use in the store of the defendant in Morehead

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