Hamby v. Cobb & Homewood, Inc., 214 N.C. 813 (1939)

Feb. 1, 1939 · Supreme Court of North Carolina

214 N.C. 813

MRS. MAGGIE HAMBY (Mother) v. COBB & HOMEWOOD, INC. (Employer) and HARTFORD ACCIDENT & INDEMNITY COMPANY (Carrier.)

(Filed 1 February, 1939.)

1. Master and Sex-vant § 43—

When a deceased employee leaves no dependents, an award of compensation should be made to his next of kin, ch. 274, sec. 5, Public Laws of 1931, the employee’s mother in this case, N. C. Code, 137 (6), and the evidence is held sufficient in this case to support the finding that the employee left no dependent or dependents.

2. Master and Servant § 55d—

The findings of fact of the Industrial Commission are conclusive on the courts when supported by any competent evidence.

Appeal by defendants from Spears, J., at 3 October, 1938, Civil Term of Obanqe.

Affirmed.

This is an appeal by the defendants from the judgment of Spears, Judge, entered at the 3 October, 1938, Civil Term, of the Superior Court of Orange County, N. C. The judgment affirmed the award of the North Carolina Industrial Commission, which award affirmed the award of a hearing Commissioner, granting compensation to the plaintiff, mother of H. M. Hamby, for his death on 24 January, 1938, upon the ground that the said H. M. Hamby left no person or persons wholly or partially dependent upon him for support, and that his death was the result of an injury by accident arising out of and in the course of his employment. Defendants appealed to the Supreme Court.

Trivette & Holshouser, J. Allie Hayes, and T. R. Bryan for plaintiff.

George D. Taylor and R. M. Robinson for defendants.

Pee Ctjeiam.

We tbink tbe court below correct in its ruling. Tbe General Assembly of 1931, cb. 274, sec. 5, amended tbe Compensation Act, as follows: “By striking out all of said section and by substituting tberefor tbe following: “Section 40. If tbe deceased employee leaves no dependents tbe employer shall pay to tbe next of kin as herein defined tbe commuted amount provided for in section thirty-eight of this act for whole dependents etc. . . . For tbe purpose of this section tbe term ‘next of kin’ shall include only tbe father, mother, widow, child, brother or sister of tbe deceased.” Tbe father being dead, tbe mother was tbe next of kin. N. C. Code, 1935 (Micbie), Article 16, “Distribution,” sec. 137 (6).

We tbink tbe evidence clearly indicates that tbe deceased left no dependent or dependents and plaintiff, bis mother, was tbe next of kin under tbe statute and entitled to tbe award.

It is so well settled in this jurisdiction, that we need not cite authorities, that if there is any sufficient competent evidence to support tbe findings of fact of tbe Industrial Commission they are conclusive on appeal. Brooks v. Clement Co., 201 N. C., 768; Scott v. Auman, 209 N. C., 853.

For tbe reasons given, tbe judgment of tbe court below is

Affirmed.