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Michaux v. Gate City Orange Crush Bottling Co.

JOHN S. MICHAUX, Administrator of the Estate of BAILEY WILLIAMS, Deceased, Employee, and ANNIE WILLIAMS, v. GATE CITY ORANGE CRUSH BOTTLING COMPANY, Employer, and GLOBE INDEMNITY COMPANY, Insurer

Michaux v. Gate City Orange Crush Bottling Co., 172 S.E. 406 (N.C. 1934)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
January 24, 1934
Judges
BhogdeN
Citations
172 S.E. 406205 N.C. 7861934 N.C. LEXIS 73

Opinion of the Court — BhogdeN

BhogdeN, J.

The claimant was employed as a truck helper by the driver thereof, with the consent and approval of the employer, Gate *788 City Orange Crush Bottling Company. Moreover, bis services were necessary to the proper and efficient distribution of the products of the employer. He was injured in attempting to climb upon the truck to which he had been assigned in the prosecution of the business of the owner.

Hayes v. Creamery, 195 N. C., 313 , 141 S. E., 340 .

Assuming that it was a negligent act for this boy to attempt to mount a moving truck, nevertheless “it is generally conceded by all courts that the various compensation acts were intended to eliminate the fault of the workman as a basis for denying recovery.”

Chambers v. Oil Co., 199 N. C., 28 , 153 S. E., 594 . The fact that previous to his injury he had been playing or scuffling or sparring with another boy does not preclude recovery upon the facts disclosed by the record. Such acts bore no relation to his fall from the truck and the consequent death.

There was competent evidence to support the findings of fact made by the Industrial Commission and the judgment is Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

View all citing references →
1935: 11937: 11939: 11941: 11943: 31945: 11946: 11962: 21975: 11981: 11986: 11996: 12007: 119352026peak 1943 · 3

Relies on it most ⓘ

  1. Lemmerman v. A. T. Williams Oil Co.350 S.E.2d 83 (N.C. 1986)
  2. Beach v. McLean14 S.E.2d 515 (N.C. 1941)
  3. Brewer v. POWERS TRUCKING COMPANY123 S.E.2d 608 (N.C. 1962)
  4. Nolde Bros. v. Chalkley35 S.E.2d 827 (Va. 1945)
  5. Hartley v. North Carolina Prison Department128 S.E.2d 598 (N.C. 1962)
  6. Cauble v. Soft-Play, Inc.477 S.E.2d 678 (N.C. Ct. App. 1996)

Most recent

  1. Nottingham v. Thumpers Bar and GrillNo. I.C. NO. 544108. (N.C. Indus. Comm. Sept. 26, 2007)
  2. Cauble v. Soft-Play, Inc.477 S.E.2d 678 (N.C. Ct. App. 1996)
  3. Lemmerman v. A. T. Williams Oil Co.350 S.E.2d 83 (N.C. 1986)
  4. Chandler v. Nello L. Teer Co.281 S.E.2d 718 (N.C. Ct. App. 1981)
  5. Lucas v. Li'l General Stores212 S.E.2d 525 (N.C. Ct. App. 1975)
  6. Hartley v. North Carolina Prison Department128 S.E.2d 598 (N.C. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Chambers v. Oil Co., 153 S.E. 594 (N.C. 1930) 33
Hayes v. Pine State Creamery, 141 S.E. 340 (N.C. 1928) 11
Quarles v. O. B. Taylor & Co., 142 S.E. 25 (N.C. 1928) 3

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