Smith v. . Collins Aikman Corp.

Supreme Court of North Carolina

Smith v. . Collins Aikman Corp.

152 S.E. 809, 198 N.C. 621, 1930 N.C. LEXIS 430

DecidedApril 23, 1930

StatusPublished

This text of 152 S.E. 809 (Smith v. . Collins Aikman Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. . Collins Aikman Corp., 152 S.E. 809, 198 N.C. 621, 1930 N.C. LEXIS 430 (N.C. 1930).

Pincite

Opinion

(For Digest see Smith v. Light Co., ante, 614.) Rosabelle Smith received an injury in the course of her employment, resulting in instant death.

The deceased left a husband and three small children, who, under section 39 of the Compensation Law, are conclusively deemed to be dependents. The insurance carrier offered to settle in accordance with the provisions of section 38 of the Compensation Act. The dependents *Page 622 refused to accept the offer upon the ground that they were entitled to receive $6,000. A hearing was had and the Industrial Commission awarded a compensation of $7.50 per week for a period of 350 weeks, and in addition thereto, ordered that funeral expenses, not to exceed $200, and all medical bills be paid by the insurance carrier.

From the order so made, the dependents appealed to the full Commission. After considering the matter, the full Commission affirmed the award theretofore made in the cause. Whereupon, the dependents appealed to the Superior Court. The trial judge approved and affirmed the decision and award of the Industrial Commission, and the dependents appealed to the Supreme Court from said judgment. The identical question presented by this appeal was considered and decided in the case of Hettie H. Smith, Administratrix, v. Carolina Powerand Light Co., ante, 614.

Affirmed.

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(For Digest see Smith v. Light Co., ante, 614.) Rosabelle Smith received an injury in the course of her employment, resulting in instant death.

The deceased left a husband and three small children, who, under section 39 of the Compensation Law, are conclusively deemed to be dependents. The insurance carrier offered to settle in accordance with the provisions of section 38 of the Compensation Act. The dependents *Page 622 refused to accept the offer upon the ground that they were entitled to receive $6,000. A hearing was had and the Industrial Commission awarded a compensation of $7.50 per week for a period of 350 weeks, and in addition thereto, ordered that funeral expenses, not to exceed $200, and all medical bills be paid by the insurance carrier.

From the order so made, the dependents appealed to the full Commission. After considering the matter, the full Commission affirmed the award theretofore made in the cause. Whereupon, the dependents appealed to the Superior Court. The trial judge approved and affirmed the decision and award of the Industrial Commission, and the dependents appealed to the Supreme Court from said judgment. The identical question presented by this appeal was considered and decided in the case of Hettie H. Smith, Administratrix, v. Carolina Powerand Light Co., ante, 614.

Affirmed.

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Bluebook (online)

152 S.E. 809, 198 N.C. 621, 1930 N.C. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-collins-aikman-corp-nc-1930.