Holmes v. M. G. Brown Co.

178 S.E. 569, 207 N.C. 785, 1935 N.C. LEXIS 265

• Court: Supreme Court of North Carolina
• Decided: February 27, 1935
• Status: Published

Opinion

SchbNCK, J.

“The condition antecedent to compensation is the occurrence of an (1) injury by accident (2) arising out of and (3) in the course of employment.” Conrad v. Foundry Co., 198 N. C., 723. The first and third antecedent occurrences are found for the plaintiff, but both the hearing Commissioner and the Industrial Commission found that the death of the deceased did not arise out of his employment, which finding, since it is supported by competent evidence, was binding upon the Superior Court and is binding upon us. Winberry v. Farley Stores, Inc., 204 N. C., 79; Webb v. Tomlinson, 202 N. C., 860, and cases there cited.

The judge of the Superior Court was bound by the findings of fact of the Commission, and was without authority to add thereto or to take therefrom, by reason of any concession made by the parties as to the meaning of such findings interpreted in the light of the evidence. However, if his Honor predicated his judgment upon any conception that such concession in any way effected the findings of fact it was harmless error, since the same result, namely, an affirmation of the judgment of the Commission, should have been reached upon the facts found, which were conclusive.

Affirmed.