Creighton v. Snipes

Denny, J.

The appealing defendants insist that Alex Creighton, at the time of his injury, was an independent contractor and that there is no competent evidence to sustain the finding of the Commission that at such time he was an employee of Dixie Lumber Company.

There is evidence tending to show that Creighton had agreed that when the sawmill was ready for operation ar, its new location, he would operate it as an independent contractor. We do not think, however, the evidence supports the contention that such a relationship existed at the time of claimant’s injury.

The appellants also contend that if an employer-employee relationship existed at the time of claimant’s injury, it existed between claimant and Wade E. Snipes, individually, and not between him and the Dixie Lumber Company.

We think the finding of the Commission that at the time of claimant’s injury, he was an employee of Dixie Lumber'Company is supported by competent evidence. Moreover, where the evidence is such as to permit either a finding that a claimant, at the time of his injury, was or was not an employee of an employer the determination of the Industrial Commission is conclusive on appeal, Hegler v. Mills Co., 224 N. C., 669 , 31 S. E. (2d), 918 ; since under our practice, if there is any competent evidence to support a finding of fact of the Industrial Commission, such finding is conclusive on appeal, even though there is evidence that would have supported a finding to the contrary.

Rewis v. Ins. Co., 226 N. C., 325 , 38 S. E. (2d), 97 ;

Kearns v. Furniture Co., 222 N. C., 438 , 23 S. E. (2d), 310 ;

Buchanan v. Highway Com., 217 N. C., 173 , 7 S. E. (2d), 383 ;

Lockey v. Cohen, Goldman & Co., 213 N. C., 356 , 196 S. E., 342 ;

*94 Clark v. Woolen Mills, 204 N. C., 529 , 168 S. E., 816 ;

Bain, v. Mfg. Co., 203 N. C., 466 , 166 S. E., 301 ;

Cabe v. Parker-Graham-Sexton, Inc., 202 N. C., 176 , 162 S. E., 223 .

The judgment of the Superior Court will be upheld.

Affirmed.