Opinion

Smith v. . Hauser and Co.

  • 206 N.C. 562
  • 174 S.E. 455
  • 1934 N.C. LEXIS 244
Court
Supreme Court of North Carolina
Filed
May 23, 1934
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
3 cases
Authority
More cited than 77.3%

The opinion

Stacy, C. J.

It is provided in section 60 of the Workmen’s Compensation Act, chap. 120, Public Laws, 1929, that the award of the Commission “shall be conclusive and binding as to all questions of fact.”

Reed v. Lavender Bros., post,

898, 172 S. E., 877 ;

Chambers v. Oil Co.,

199 N. C., 28 , 153 S. E., 594 . Therefore, the facts found by the full Commission are binding on the courts, unless the evidence is insufficient to support the findings.

Dependents of Thompson v. Funeral Home,

205 N. C., 801 ;

Dependents of Poole v. Sigman,

202 N. C., 112 , 162 S. E., 198 .

“It is well settled that if there is any competent evidence to support the findings of fact of the Industrial Commission, although this Court may disagree with such findings, this Court will sustain the findings of fact made by the

Commission”

— Clarkson,

J.,

in

Kenan v. Motor Co.,

203 N. C., 108 , 164 S. E., 729 .

Clark v. Woolen Mills,

204 N. C., 529 , 168 S. E., 816 ;

Massey v. Board of Education,

204 N. C., 193 , 167 S. E., 695 .

The evidence supports the findings of the full Commission that plaintiff’s intestate was not injured by accident arising out of and in the course of his employment, hence it is not for the courts to say otherwise.

Reed v. Lavender Bros., supra; Johnson v. Bagging Co.,

203 N. C., 579 , 166 S. E., 586 .

The court erred, therefore, in reversing the award of the full Commission and reinstating the award of the hearing commissioner.

Error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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