McKenzie v. City of Gastonia

22 S.E.2d 712, 222 N.C. 328, 1942 N.C. LEXIS 93

• Court: Supreme Court of North Carolina
• Decided: November 25, 1942
• Status: Published

Opinion

Per Curiam.

The Commission concluded that the accident relied upon as a basis for compensation did not arise out of and in the course of the employment of the deceased employee, and since such conclusion is warranted by the facts found by the Commission, which facts are sustained by the evidence, it must stand. Lockey v. Cohen, Goldman & Co., 213 N. C., 356, 196 S. E., 342.

The evidence is to the effect that the deceased employee, S. C. McKenzie, had obtained a leave of absence of a day or two from his duties as a policeman of the city of Gastonia, and was returning in his own automobile to the place from which he was required to start his work, the City Hall, when a collision with a police car of the city of Gastonia, recklessly driven, occurred, in which collision the deceased employee received injuries from which he died.

Since the evidence supports the finding that the deceased employee was returning to his duties from a leave of absence therefrom, the conclusion that he did not sustain injury by accident arising out of and in the course of his employment is sustained, and the Superior Court and this Court are bound by such conclusion of the Full Commission. Davis v. Mecklenburg County, 214 N. C., 469, 199 S. E., 604.

Affirmed.