Rankin v. Brown Manufacturing Co., 213 N.C. 800 (1938)

April 13, 1938 · Supreme Court of North Carolina

213 N.C. 800

MRS. ARMETTA RANKIN, Wife of BENNIE RANKIN, Deceased, Plaintiff, v. BROWN MANUFACTURING COMPANY, Employee, and TRAVELERS INSURANCE COMPANY, Carries.

(Filed 13 April, 1938.)

Appeal by plaintiff from Warlick, J., at January Term, 1938, of Cabarrus. Affirmed.

This is a proceedings for compensation under the provisions of the North Carolina Workmen’s Compensation Act. It was before this Court on a former appeal at the Fall Term, 1937, and is reported in 212 N. C., 357. The facts are therein fully set out.

W. S. Bogle and E. Johnston Irvin for plaintiff, appellant.

Guthrie, Pierce ■& Blaheney for defendants, appellees.

Per Curiam.

Tbe facts found by tbe Full Commission tend to sbow tbat tbe employee suffered an injury by accident, wbicb did not result from bis employment. Tbe conclusion of tbe Commission tbat tbe employee, of wbom tbe plaintiff is tbe dependent, did not suffer an injury by accident arising out of and in tbe course of bis employment is sustained by tbe evidence. It would seem tbat tbis is tbe only reasonable conclusion to be drawn from tbe evidence and tbe findings of tbe Commission.

Tbe judgment below is

Affirmed.