Carter v. Carolina Coach Co., 208 N.C. 849 (1935)

Nov. 20, 1935 · Supreme Court of North Carolina

208 N.C. 849

THOMAS H. CARTER, Deceased; MRS. THOMAS H. CARTER, Widow; MARTHA ANN CARTER, Daughter, v. CAROLINA COACH COMPANY.

(Filed 20 November, 1935.)

Appeal by claimants from Williams, J., at June Term, 1935, of Wake.

This was a proceeding instituted before tbe North Carolina Industrial Commission by tbe dependents of Tbomas H. Carter, deceased, against Carolina Coach Company, for recovery of compensation for bis death, alleged to have been caused by reason of accident arising out of and in tbe course of bis employment as a bus driver by tbe defendant coach company. From an adverse award by tbe Industrial Commission, claimants appealed to tbe Superior Court, and from a judgment affirming tbe award claimants appealed to this Court.

J. M. Broughton, Geo. D. Tick, Jr., and W. B. Yarborough, Jr., for claimants.

Smith, Leach •& Anderson for defendant.

Pee CuRiam.

It has been uniformly held by this Court that tbe findings of fact of tbe Industrial Commission, if supported by evidence, are conclusive upon appeal. Tbe Full Commission found that the death of Tbomas H. Carter was not proximately caused by an injury by accident arising out of nor in tbe course of bis regular employment, and that tbe illness from which be died did not result naturally and unavoidably from an accident.

There was evidence to support this finding. Hence, tbe judgment must be

Affirmed.