Marsh v. Bennett College for Women

194 S.E. 303, 212 N.C. 662, 1937 N.C. LEXIS 397

• Court: Supreme Court of North Carolina
• Decided: December 15, 1937
• Status: Published

Opinion

CoNNOR, J.

Tbe facts in tbis case are substantially tbe same as those in Walker v. Wilkins, Inc., ante, 627.

Tbe question of law presented by tbis appeal is identical with tbe question of law presented by tbe appeal in that case.

There is no error in tbe judgment of tbe Superior Court in tbis case affirming tbe award of tbe North Carolina Industrial Commission denying plaintiff compensation, on its finding that bis injury was not by accident which arose out of and in tbe course of bis employment.

Tbe judgment is affirmed. See Walker v. Wilkins, Inc., ante, 627.

The briefs filed in this Court on tbe appeal in Walker v. Wilkins, Inc., supra, and in tbis appeal have been carefully considered. The numerous cases from other jurisdictions, cited in these briefs in support of the respective contentions of the appellant and of the appellee in each appeal, in which questions involving the liability of an employer to his employee, under Workmen’s Compensation Acts for the injury resulting from a tornado or other similar cause, are discussed and decided, have been carefully examined.

This court, however, has consistently recognized and • applied the statutory provision that findings of fact made by the North Carolina Industrial Commission in a proceeding for compensation under the provisions of the North Carolina Workmen’s Compensation Act, are conclusive upon the courts of this State, where such findings are supported by evidence, and has uniformly affirmed judgments of the Superior Courts affirming awards of the Industrial Commission in such cases. See Wimbish v. Detective Co., 202 N. C., 800, 164 S. E., 344. The opinion in that case by the late Justice Brogden has been frequently cited and uniformly approved. Accordingly, the judgment in this case is

Affirmed.