Garriss v. Hines Bros. Lumber Co., 203 N.C. 148 (1932)

June 29, 1932 · Supreme Court of North Carolina

203 N.C. 148

ANNIE CARROLL GARRISS, Administratrix of JOHNNIE CARROLL, and ANNIE CARROLL GARRISS, Dependent Mother of JOHNNIE CARROLL, Deceased, v. HINES BROTHERS LUMBER COMPANY and PHILLIP LANIER.

(Filed 29 June, 1932.)

1. Master and Servant E i — Findings of fact by Industrial Commission upon conflicting evidence are conclusive.

Tlie findings of fact by the Industrial Commission in a bearing before it are conclusive on appeal when supported by any competent evidence.

2. Appeal and Error K c — New trial will not be granted in the Supreme Court for newly discovered evidence that is merely corroborative.

A petition for a new trial for newly discovered evidence will not be granted where the evidence is merely corroborative of plaintiff’s witnesses and contradictory of defendant’s testimony.'

Civil actiobt, before Sinclair, J., at December Term, 1931, of GbeeNE.

Tbe plaintiff applied to tbe Industrial Commission for an award for tbe death.of her son, who was killed on 22 August, 1929, while riding on a truck from a logging camp in Greene County to tbe city of Kinston. At tbe bearing tbe Commission found “as a fact that tbe death of deceased, Johnnie Carroll, was not tbe result of an accident which arose out of and in tbe course of bis employment.” Thereupon compensation was denied. An appeal was taken by tbe plaintiff to tbe full Commission and tbe following order entered: “Upon tbe evidence tbe full Commission affirms tbe findings of fact and' award of Chairman Allen and adopts them as tbe finding of fact and award. of the full Commission.”

Tbe plaintiff appealed to tbe Superior Court, and it was decreed “that tbe judgment, findings and conclusion of tbe North Carolina Industrial Commission be, and tbe same are hereby in all respects confirmed.”

From tbe judgment so entered tbe plaintiff appealed.

P. R. Hines for plaintiff.

Dawson & J ones for defendants.

Per Curiam.

Tbe evidence was conflicting. The law has established the Industrial Commission as a tribunal to find the facts in compensation cases. This Court has consistently held in accordance with the statute that, if there is any competent evidence to support the findings of fact made by the Commission, such findings are binding"'upon the appellate courts. Consequently the judgment is affirmed.

In May, 1932, the plaintiff filed a petition for a new trial for newly discovered evidence. An examination of the proposed evidence, however, discloses that it corroborates certain witnesses for the plaintiff and contradicts certain other testimony. Hence the petition for a new trial does not meet the tests prescribed by law in such cases. Pridgen v. R. R., ante, 62.

Petition for new trial, denied.

Judgment of the Superior Court, affirmed.