Storie v. Taylor Supply Co.

228 S.W.2d 94, 190 Tenn. 149, 26 Beeler 149, 1950 Tenn. LEXIS 432
CourtTennessee Supreme Court
DecidedMarch 17, 1950
StatusPublished
Cited by10 cases

This text of 228 S.W.2d 94 (Storie v. Taylor Supply Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Storie v. Taylor Supply Co., 228 S.W.2d 94, 190 Tenn. 149, 26 Beeler 149, 1950 Tenn. LEXIS 432 (Tenn. 1950).

Opinion

Mb. Justice Bubnett

delivered the opinion of the Court.

This is a Workmen’s Compensation case.

William M. Storie, deceased, husband of the appellee, worked as a traveling salesman for the appellant, Taylor Supply Company. On March 31, 1947, in line with his duty he drove his automobile to Gallatin, Tennessee, and surrounding territories on the business of his master. It is rather clear from the record that he did not finish his business there until rather late on that afternoon (seeing one of his customers after closing time in the store) and then while driving back to Nashville, where he lived, his car went out of control and turned over some two or three times, rather severely injuring Storie. He either got a taxicab or someone else got one for him and drove him to a local hospital in Nashville. His sister was notified that night about 10:00 o ’clock that he was in the hospital. She in turn got in touch with his wife who for the first time learned of his accident about 11:00 o ’clock on the night of March 31,1947. In the meantime she had become rather worried because he had not arrived home, as he was supposed to be there for dinner with guests, [151]*151and she had called the president of the company for which he worked. Mr. Storie was X-rayed and examined rather thoroughly at the hospital and no fractured bones could be found. He was bruised up considerably and had a large knot over one of his eyes. The doctor who saw him that night and subsequently discharged him the following .day said that he was apparently rational and normal. Some of his relatives who saw him at the hospital say that he was not rational. He was discharged from the hospital the following day and went home where within a very short time, a space of 48 to 60 hours, he apparently went insane, having ideas of grandeur. He piled all of his personal property on the floor saying that he was going to have an auction and get wealthy from this auction. As a result of this condition his wife contacted another hospital and had him examined there hut they were not able to take care of patients in his condition. As a result of this an effort was made to get him into some sanitarium or place where an insane person could be properly cared for. They were unable to immediately find such a place. Storie was placed in jail overnight. The following day the president of the company for which he worked was able to get him committed to the Davidson County Hospital where he stayed for some two weeks when he died. Apparently the man never gained his normal functions after he was placed in this institution

At the time of the trial no witness could be found who saw the wreck or knew anything about it. The facts concerning the wreck had to he largely proved by what the president of the defendant company had discovered by investigation or had been told by Mr- Storie about the wreck. The president of this company though was apparently well convinced that this man had received his [152]*152injuries from a wreck. Tlie record is very positive that Storie did not drink or have any habits of the kind which might have produced a wreck. The wreck was apparently caused by a blow-out or something of the kind causing the car to turn over two or three times.

The Chancellor after very carefully listening to the witnesses testify, and the arguments pro and con by respective counsel, concluded that Mr. Storie’s death resulted from an aggravation of a preexisting disease by the accidental injury he received in the automobile accident while on the mission of his employer. He, therefore, entered a decree in favor of the widow for the full amount of the statutory allowance for such a death, the wages of the employee being sufficient to bring the amount up to the maximum allowed by the statute. The defendant (appellant here) seasonably filed a motion for new trial which was overruled and the case appealed to this Court. We have very carefully studied this record and the authorities cited in the briefs in support of the respective- positions of the parties in arriving at our conclusions to be hereinafter set out.

As presented to us, the only serious insistence made by the appellant is “that the death of the said William M. Storie, deceased, was not caused by the injuries received in the alleged automobile accident but by the cause stated in the death certificate, convulsions of syphilis, due to the general paralysis of the insane, and that, therefore, the Appellee is not entitled to any recovery against the Defendants under the provisions of the Workmen’s Compensation Statutes of the State of Tennessee.”

Obviously our consideration of this question must be controlled by certain rules which we set forth in Swift & Co. v. Howard, 186 Tenn. 584 at 588, 589, 212 S. W. [153]*153(2d) 388, 390, as follows: “This argument and the assignment based thereon obviously largely assail the determination of the preponderance of the evidence by the trial judge. ‘The preponderance of the evidence is not an open question in this Court, which is bound by the finding of the trial judge in that regard, if there was any material evidence to support it.’ Anderson v. Volz Const. Co., 183 Tenn. 169, 175, 191 S. W. (2d) 436, 438. We do not reweigh the evidence nor do we attempt to see where the preponderance lies. The preponderance of the evidence might be against the finding of the trial judge yet if there is material evidence to support his finding we must affirm this score. Vester Gas Range & Mfg. Co. v. Leonard, 148 Tenn. 665, 257 S. W. 395. ‘The weight of evidence and the credibility of the witness are finally determined in the trial court.’ Anderson v. Volz, etc., supra. We must also remember that ‘circumstantial evidence may support a finding of fact or an award in workmen’s compensation proceeding, and a finding or award may be based on inference drawn from circumstantial evidence.’ 2nd Head note, Riley v. Knoxville Iron Co., 178 Tenn. 107, 156 S. W. (2d) 398.”

We gather from this record that the deceased was a high class Christian gentleman and a salesman of no mean ability. He was a close personal, church and lodge friend of his employer. Due to his past reputation as a salesman and to friendship, the employer sought out and procured his services. The deceased had sold various and sundry things over many Southern and Southwestern States and had met with much success in his profession. Some three or four years before the accident complained of herein the deceased had been on two different occasions, to Mayo’s Clinic where he had [154]*154been treated for a syphilitic condition. He bad also been treated for the same condition at a clinic in Texas. The record though shows that for three or four years prior to the accident the deceased was apparently in excellent health and syphilis had not been transmitted to his wife with whom he had lived for some eleven years prior to the accident herein. After the accident, when he was admitted to the hospital, a blood test was taken and he was shown to have had a two plus Kahn, which according to one of the defendant’s doctors, might be considered a mild form of syphilis. According to this doctor if one had had a four-plus and the doctor had been able to reduce it to a two plus he would have considered the man healing rapidly and on the road to recovery. There is no medical testimony that as a positive fact the accidental injury did aggravate this syphilitic condition to such an extent that it, this aggravation, caused the death.

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Bluebook (online)
228 S.W.2d 94, 190 Tenn. 149, 26 Beeler 149, 1950 Tenn. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storie-v-taylor-supply-co-tenn-1950.