West v. East Coast Fertilizer Co, 285.

• Citation: 160 S.E. 765
• Decision Date: 28 October 1931
• Docket Number: No. 285.,285.
• Court: United States State Supreme Court of North Carolina
• Parties: WEST et al. v. EAST COAST FERTILIZER CO. et al.

160 S.E. 765

(201 N.C. 556)

WEST et al.

v.EAST COAST FERTILIZER CO. et al.

No. 285.

Supreme Court of North Carolina.

Oct. 28, 1931.

Appeal from Superior Court, New Hanover County; Midyette, Judge.

Proceeding under the Workmen's Compensation Act by Mrs. Charles Henry West, widow, and Nellie West, minor, dependents of Charles Henry West, deceased, against the East Coast Fertilizer Company and the Employers' Liability Assurance Corporation. From an award in favor of the plaintiffs, the defendants appealed to the superior court, and from that court's affirmance of the award, they appealed to the Supreme Court.

Affirmed.

This is an action brought under the Workmen's Compensation Act by the dependent widow and daughter of Charles Henry West, deceased, to recover compensation for the death of their husband and father, who received injuries, from which he died while in the employ of the defendant East Coast Fertilizer Company as a night watchman.

The facts: Charles Henry West, who was employed by the East Coast Fertilizer Compa ny, as a night watchman, at a salary of $20 per week, reported for duty at the warehouse of the defendant on the evening of July 4, 1930, and was found with a big hole in his head, and a piece of iron lying near him, about 6:30 a. m., July 5, 1930, by one Robert Shaw. The deceased was found just inside the warehouse of the defendant, lying behind a closed door. There are two doors on the shed at this point, but only one was closed. The watchman's time clock was on the deceased at the time of the injury, and the key was in the clock, having broken loose from the post when West was injured. At the time West was found he said something fell on him; something it seemed fell all over him; it was done so quick he did not know what it was. His watch pocket was turned wrong side out, and $1.20, which he said he had, was missing. He had been paid off Thursday evening, July 3, 1930. Tracks were seen in the dirt outside of the warehouse leading from the river, on the outside of the railroad track to the platform, going in.

Mrs. Charles Henry West is the widow of the deceased, and Nellie West Is the daughter of the deceased, under 18 years of age. Roth the widow and daughter are wholly dependent upon the deceased.

The North Carolina Industrial Commission allowed award to plaintiffs. Defendants appealed to the superior court. The court below affirmed the award, and defendants excepted assigned error, and appealed to the Supreme Court.

Carr, Poisson & James, of Wilmington, for appellants.

Burney & McClelland, of Wilmington, for appellees.

CLARKSDN, J.

On the hearing before the full commission, we find: "The full Commission has carefully reviewed the evidence in this case and we are of the opinion that the claimants are entitled to recover and the full Commission adopts as its own the findings of fact, Conclusions of Law and Award of the Hearing Commissioner and directs that compensation in this case be paid by the defendants."

The finding of fact by the hearing commissioner, adopted by the full commission, is as follows: "On July 5, 1930, Charles Henry West, while regularly employed by the East Coast Fertilizer Company, at an average weekly wage of $20.00, suffered an injury by accident arising out of and in the course of his employment. As a result of the injury by accident on the 5th day of July, 1930, the employee died on July 12th, 1930. At the time of the injury by accident and the death of the deceased employee, he had dependent upon him for support his wife, Mrs. Henry West, and one daughter, Nellie West, both were wholly dependent upon the deceased.for support."

"The award of the Commission, as provided in section fifty-eight, if not reviewed in due time, or an award of the Commission upon such review, as provided in section fifty-nine, shall be conclusive and binding as to all questions of fact." Public Laws 1929, c. 120, part of § 60.

In Southern v. Cotton Mills Co., 200 N. C. at page 165, 156 S. E. 861, it was held: "The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen's Compensation Act, approved by the full Commission upon appeal, is conclusive upon ...