Hamby v. . Cobb Homewood, Inc.

1 S.E.2d 101, 214 N.C. 813, 1939 N.C. LEXIS 434

• Court: Supreme Court of North Carolina
• Decided: February 1, 1939
• Status: Published

Opinion

Pee Ctjeiam.

We tbink tbe court below correct in its ruling. Tbe General Assembly of 1931, cb. 274, sec. 5, amended tbe Compensation Act, as follows: “By striking out all of said section and by substituting tberefor tbe following: “Section 40. If tbe deceased employee leaves no dependents tbe employer shall pay to tbe next of kin as herein defined tbe commuted amount provided for in section thirty-eight of this act for whole dependents etc. . . . For tbe purpose of this section tbe term ‘next of kin’ shall include only tbe father, mother, widow, child, brother or sister of tbe deceased.” Tbe father being dead, tbe mother was tbe next of kin. N. C. Code, 1935 (Micbie), Article 16, “Distribution,” sec. 137 (6).

We tbink tbe evidence clearly indicates that tbe deceased left no dependent or dependents and plaintiff, bis mother, was tbe next of kin under tbe statute and entitled to tbe award.

It is so well settled in this jurisdiction, that we need not cite authorities, that if there is any sufficient competent evidence to support tbe findings of fact of tbe Industrial Commission they are conclusive on appeal. Brooks v. Clement Co., 201 N. C., 768; Scott v. Auman, 209 N. C., 853.

For tbe reasons given, tbe judgment of tbe court below is

Affirmed.