# DeVine v. Dave Steel Co.

> Supreme Court of North Carolina · September 24, 1947 · 227 N.C. 684

URL: https://www.frixlaw.com/law-library/cases/3664438

## Case

- **Full name:** MARTHA H. DeVINE Et Al. v. DAVE STEEL CO. Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 24, 1947
- **Citations:** 227 N.C. 684; 44 S.E.2d 77; 1947 N.C. LEXIS 506
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 15 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/3664438

## How later opinions describe it (automated extraction)

- noting that the “exact cause of the fall is not determined” but that the record supported the Commission’s finding that the accident arose out of the employment

## Opinion text

Stacy, C. J.
Without adopting all the reasons assigned by the hearing Commissioner, and approved by the Full Commission, in support of the conclusions reached, we think the record discloses facts sufficient to sustain the award.
The deceased was engaged in his regular work. He accidentally fell and suffered a fatal blow when the back of his head came in contact with the concrete platform on which he was standing. The exact cause of the fall is not determined, although it is found that it was an accident arising out of the employment.
Robbins v. Hosiery Mills,
220 N. C., 246 , 17 S. E. (2d), 20 . It occurred while the employee was in the discharge of his duties, and it resulted in his death. This permits the inference, which .the Commission has drawn, that it was, a compensable injury.
Rewis v. Ins. Co.,
226 N. C., 325 , 38 S. E. (2d), 97 ;
Brown v. Aluminum Co.,
224 N. C., 766 , 32 S. E. (2d), 320 . To say the death was due to physical seizure, unrelated to the employment, even if regarded the more plausible view, would be to reject the opposing inferences which support the fact-finding body.
Hegler v. Cannon Mills,
224 N. C., 669 , 31 S. E. (2d), 918 . Moreover, where the record is such as to permit either finding, the factual determinations of the Industrial Commission are conclusive on appeal to the Superior Court and in this Court.
Kearns v. Furniture Co.,
222 N. C., 438 , 23 S. E. (2d), 310 .
*686
Tbe cases of
Rewis
and
Brown ,
above cited, are in full support of tbe conclusion bere reached. "We are content to rest our decision on wbat was said in these two cases.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3664438. Public record. Not legal advice.