Whitley v. North Carolina State Highway Commission

• Decision Date: 28 October 1931
• Docket Number: 168.
• Parties: WHITLEY v. NORTH CAROLINA STATE HIGHWAY COMMISSION.
• Court: North Carolina Supreme Court

160 S.E. 827

201 N.C. 539

WHITLEY v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

No. 168.

Supreme Court of North Carolina

October 28, 1931

Appeal from Superior Court, Pitt County; Devin, Judge.

Proceeding under the Workmen's Compensation Act by H. R. Whitley employee, opposed by the North Carolina State Highway Commission, employer and self-insurer. From a judgment reversing an award of the Industrial Commission, the employee appeals.

Affirmed.

Plaintiff was an employee of the state highway commission. On February 5, 1930, he was accidentally shot, by one O. S. Kittrell while bird hunting, in the left eye, and lost the vision. When shot plaintiff was at defendant's truck shed about a mile or so from Greenville, N. C., on highway No. 91.

Plaintiff's version of the occurrence is as follows: "I had eaten dinner and started working on the truck--and I started to wipe some grease off the truck so we could put the transmission in and not get greasy. I had been at work a while and near one o'clock I was standing beside the truck on the other side of the truck. The truck was headed toward the shed. I was wiping grease out of the foot board. All of a sudden I felt something stinging me and several things hit me on the shoulder. I heard a gun fire and I felt this and my eye started hurting and I knew I was shot. I called to the one that shot me and he came over there and Mr Kittrell took me on to the car and Mr. Morton took me to Dr. Brown's office."

The North Carolina Industrial Commission made an award to plaintiff. The defendant appealed to the superior court, and the decision of the commission was reversed on the ground "that the injury complained of did not arise out of the plaintiff's employment, the decision of the Industrial Commission is reversed, and the award denied." From the judgment, plaintiff appealed to the Supreme Court.

Blount & James, of Greenville, for appellant.

Charles Ross, of Lillington, for appellee.

CLARKSON J.

Plaintiff in his request to the North Carolina Industrial Commission that his claim be allowed, states: "We have been unable to agree because I believe the accident happened while I was in the performance of my duties to the State Highway Commission, and therefore, I am entitled to compensation." Plaintiff's contention was correct, he was on duty when the unfortunate accident happened by which he lost the vision of his left eye--an unfortunate and deplorable...