# Smith v. . Hauser and Co.

> Supreme Court of North Carolina · May 23, 1934 · 206 N.C. 562

URL: https://www.frixlaw.com/law-library/cases/3648654

## Case

- **Full name:** FRED SMITH v. S. E. HAUSER AND COMPANY, Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** May 23, 1934
- **Citations:** 206 N.C. 562; 174 S.E. 455; 1934 N.C. LEXIS 244
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3648654

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3648654. Public record. Not legal advice.