The opinion
ClakicsoN, J.
N. C. Code, 1931 (Michie), sec. 8081 (i), definition (f), is as follows: “‘Injury and personal injury’ shall mean only injury by accident arising out of and in the course of the employment, and shall not include a disease in any form, except where it results naturally and unavoidably from the accident.”
First:
The claimant, Ella Saunders, widow of E. W. Saunders, deputy sheriff, appeals from the portion of the judgment which fails to include the sheriff in the award. From all the facts appearing in the record, we see no error in the judgment. The deputy sheriff, Saunders, was acting on his own responsibility and contrary to the instructions of the sheriff.
Hanie v. Penland,
194 N. C., 234 ;
Starling v. Morris,
202 N. C., 564 .
Second:
From all the facts appearing in the record, we do not think E. W. Saunders, deputy sheriff, was an employee of Cleveland County as the term “employee” is used in the "Workmen’s Compensation Act. N. 0. Code, 1931 (Michie), see. 8081 (i), (a), (b), (c).
There is no sufficient evidence to base the finding of fact that E. W. Saunders was an employee of Cleveland County, nor do we think that there are any provisions in the liability policy of the Travelers Insurance Company that made it liable to indemnify Cleveland County, under the facts on this record.
*191
Tbe killing of Saunders, in an honest effort to enforce the law on his part, was deplorable and unfortunate, but, on the entire record, we find no sufficient evidence to hold Cleveland County or the Travelers Insurance Company liable.
The facts found by the full Commission are binding on this Court, unless the evidence is insufficient to support the findings.
Smith v. Hauser & Co.,
206 N. C., 562 (563). From a careful perusal of the record and examination of the briefs of the litigants, we cannot hold that the facts were sufficient to support the findings of the full Commission, which were confirmed by the court below. There seems to be a
casus omissus
which this Court cannot supply.
In the judgment as to I. M. Allen, sheriff, it is
Affirmed.
In the judgment as to Cleveland County and the Travelers Insurance Company it is
Reversed.