The defendants denied liability on the ground that the decedent William Lee Cooper, at the time of his injury, was not an em*45ployee of tbe defendant Colonial Ice Co. witbin the meaning of the statute (G.S. 97-2 (b)) hut was an independent contractor. It was urged that the facts, as such, found by the Industrial Commission sustain the defendants’ view, and are insufficient to support an award in favor of claimants under the Workmen’s Compensation Act.
In order to implement the remedial purposes of the Workmen’s Compensation Act the Industrial Commission is constituted the fact-finding body, and the statute declares that the findings of this Commission 'shall be “conclusive and binding as to all questions of fact.” G.S. 97-86; Hunter v. Peirson, 229 N.C. 356, 49 S.E. 2d 653; Gabriel v. Newton, 227 N.C. 314, 42 S.E. 2d 96; Smith v. Paper Co., 226 N.C. 47, 36 S.E. 2d 730; Beach v. McLean, 219 N.C. 521, 14 S.E. 2d 515; Cloninger v. Bakery Co., 218 N.C. 26, 9 S.E. 2d 615; Lockey v. Cohen, 213 N.C. 356, 196 S.E. 342; Carlton v. Bernhardt-Seagle Co., 210 N.C. 655, 188 S.E. 77. But this does not mean that the conclusions of .the Commission from the facts found are in all respects unexceptionable. Perley v. Paving Co., 228 N.C. 479, 46 S.E. 2d 298. Or as expressed by Justice Denny in Whitted v. Palmer-Bee Co., 228 N.C. 447, 46 S.E. 2d 109, “When, facts are found by the Commission under a misapprehension of the law, the court is not bound by such findings.” Here the material facts are not controverted. But it is argued that these facts necessarily develop the defendant’s contention that the contract of service of the decedent was that of an independent contractor. Question is raised whether the findings of fact made by the Industrial Commission are supported by competent evidence (Carlton v. Barnhardt-Seagle Co., supra), and, if so, whether on the facts so found the contractual relationship between the decedent and the defendant Ice Company was such as to invoke remedy under the Act.
It is well settled as a general rule that an independent contractor is one who exercises an independent employment and contracts to do certain work according to his own judgment and method, without being subject to his employer except as to the results of his work. Perley v. Paving Co., supra; Greer v. Construction Co., 190 N.C. 632, 130 S.E. 739. The distinction between an independent contractor and an employee entitled to benefits under the Workmen’s Compensation Act has frequently been considered by this Court and applied to the particular circumstances of individual cases. Perley v. Paving Co., supra; Bell v. Lumber Co., 227 N.C. 173, 41 S.E. 2d 281; Creighton v. Snipes, 227 N.C. 90, 40 S.E. 2d 612; Smith v. Paper Co., supra; Hayes v. Elon College, 224 N.C. 11, 29 S.E. 2d 137; Beach v. McLean, supra; Creswell v. Pub. Co., 204 N.C. 380, 168 S.E. 408; Johnson v. Hosiery Co., 199 N.C. 38, 153 S.E. 591.
An examination of the record in the case at bar in the light of these decisions leads to the conclusion that the findings of fact of the Industrial Commission have their inception in the evidence adduced at th hearing *46and are based thereon, and that the inferences of fact dedncible therefrom support the award in favor of claimants. Hence, we think the judgment of the Superior Court in affirmance should not be disturbed. In Rewis v. Ins. Co., 226 N.C. 325, 38 S.E. 2d 97, Chief Justice Stacy, speaking to this point, said: “The Courts are not at liberty to reweigh the evidence and to set aside the findings of the Commission, simply because other inferences could have been drawn and different conclusions might have been reached.” And in Gabriel v. Newton, 227 N.C. 314, 42 S.E. 2d 96, it was said: “Permissible inferences contra would not warrant setting aside the findings of the Commission.”
Defendants rely on Creswell v. Pub. Co., 204 N.C. 380, 168 S.E. 408, but we think the characteristics of an employment which is cognizable under the Act are here more pronounced than in the Creswell case, and that the facts are distinguishable.
The judgment sustaining the award of the Industrial Commission is
BarNHill, J., dissents.