Wilson v. City of Darlington, 17127
| Decision Date | 05 March 1956 |
| Docket Number | No. 17127,17127 |
| Citation | 91 S.E.2d 714,229 S.C. 62 |
| Court | South Carolina Supreme Court |
| Parties | Della B. WILSON, Appellant, v. CITY OF DARLINGTON, and State Workmen's Compensation Fund, Respondents. |
Jerome F. Pate, LeRoy M. Want, Darlington, for appellant.
T. C. Callison, Atty. Gen., Julian L. Johnson, Asst. Atty. Gen., for respondents.
This case is before this Court as a result of an appeal from an order of Honorable J. Woodrow Lewis, Circuit Judge, affirming an order of the South Carolina Industrial Commission, denying death benefits to the claimant. The full commission reversed the findings and award of the single commissioner.
There was only one basic question before Judge Lewis, and that same basic question is now before this Court, it being properly stated as follows:
Did the deceased die as the result of an accident arising out of and in the course of his employment as a volunteer fireman for the City of Darlington, as contemplated by the terms of the workmen's compensation law?
Since the question involves the evidence and the scintilla rule, it will be necessary to state briefly the facts which are not basically in dispute.
Earl B. Wilson was a volunteer fireman (captain) in the City of Darlington, subject to call twenty-four hours each day. In such employment he was covered by the terms of the workmen's compensation act. On June 4, 1953, while working on a boat in his own shop, for his own pleasure, there was an explosion and fire resulting from the fact that the deceased mistook a can of gasoline for a can of kerosene. Such explosion was caused by a blow torch. Approximately a minute after the explosion the deceased was seen running from the building, his clothes aflame. The flames were extinguished by friends, and he was wrapped in a blanket while the members of the fire department proceeded to attempt to quench the fire in the burning building. While waiting for the ambulance he was rational and told one of the firemen to go turn his blow pot off, and directed some of the firemen as to where the water should be focused upon the burning building, and apparently gave such directions and assistance as his condition permitted. He was carried in the ambulance to a hospital in Florence, where he died within a few hours from third degree burns.
There was no evidence before the commissioner, and apparently no contention on behalf of claimant's counsel when the matter was tried, that...
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