Bain v. Travora Manufacturing Co.

166 S.E. 301, 203 N.C. 466, 1932 N.C. LEXIS 10

Opinion

Per Curiam.

There are three decided cases bearing upon the principles of law involved in the controversy, to wit: Whitley v. Highway Commission, 201 N. C., 539; West v. Fertilizer Co., 201 N. C., 556, and Goodwin v. Bright, 202 N. C., 481. In the West and Goodwin cases there were elements of special hazard, or as the Court said, circumstances bringing the employee “within the zone of special danger.” In the case at bar the ultimate question is whether the shooting of a sparrow in a public highway constitutes a risk of the business. Although the facts in Whitley v. Highway Commission, supra, are somewhat different from the facts in the present ease, notwithstanding the principle of law therein announced determines the merit of this litigation. The Industrial Commission found the facts upon competent evidence, and its findings are conclusive. Even though the facts should all be admitted, the ruling of the Whitley case would exclude liability.

Affirmed.