Vine v. Dave Steel Co
| Decision Date | 24 September 1947 |
| Docket Number | No. 96.,96. |
| Citation | 227 N.C. 684,44 S.E.2d 77 |
| Court | North Carolina Supreme Court |
| Parties | DE VINE et al. v. DAVE STEEL CO. et al. |
Appeal from Superior Court, Buncombe County; Zeb V. Nettles, Judge.
Proceeding under Workmen's Compensation Act by Martha H. DeVine opposed by Dave Steel Company, Inc., employer, and Hartford Accident & Indemnity Company, carrier, to recover compensation for death of her son, Hugh Patrick DeVine, deceased employee. Compensation was awarded to mother as next of kin of deceased. The award was affirmed on appeal to the Superior Court, and the employer and carrier appeal.
Affirmed.
Proceeding under Workmen's Compensation Act, G.S. § 97-1 et seq., to determine liability of Dave Steel Company, Inc. (employer) and Hartford Accident & Indemnity Company (carrier) to Martha H. De-Vine, mother and next of kin of Hugh Patrick DeVine, deceased employee.
Following the jurisdictional determinations, the Industrial Commission found that the deceased employee, Hugh Patrick De-Vine, met his death as the result of a fall which he sustained on March 6, 1946, while lowering a flag from a flag pole when he fell and hit the back of his head on the cement platform on which he was standing. His duties required him to stand on this platform and to lower a flag from the flag pole each day. He was engaged in this work at the time of his injury. On the day in question, he was discovered in "an unconscious condition at the bottom of the sign and flag pole * * * and the ropes from the flag pole were tangled with the deceased's body".
The Commission found that the deceased was subject to mild epileptic seizures which usually lasted only a few seconds, and further that his work exposed him to some peculiar hazards. "The Commission is of opinion that * * * the fall caused the death of plaintiffs' deceased and that he was subject to a peculiar hazard on account of being required to stand on the cement platform and lower the flag".
Whether the deceased ascended a ladder, standing nearby, and became entangled in the flag rope, or was seized with an epileptic fit, which caused him to fall, was not definitely determined by the Commission. The conclusion was reached, however, that the fall was the proximate cause of his death, and that this resulted from an accident arising out of and in the course of his employment. Whereupon, compensation was awarded to the mother as next of kin of the deceased.
On appeal to the Superior Court the award of the Commission was upheld. From this latter ruling, the defendants appeal, assigning errors.
Irwin Monk and Guy Weaver, both of Asheville, for plaintiffs-appellees.
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