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DeVine v. Dave Steel Co.

MARTHA H. DeVINE Et Al. v. DAVE STEEL CO. Et Al.

DeVine v. Dave Steel Co., 44 S.E.2d 77 (N.C. 1947)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 24, 1947
Judges
Stacy
Citations
44 S.E.2d 77227 N.C. 6841947 N.C. LEXIS 506

Opinion of the Court — Stacy

Stacy, C. J.

Without adopting all the reasons assigned by the hearing Commissioner, and approved by the Full Commission, in support of the conclusions reached, we think the record discloses facts sufficient to sustain the award.

The deceased was engaged in his regular work. He accidentally fell and suffered a fatal blow when the back of his head came in contact with the concrete platform on which he was standing. The exact cause of the fall is not determined, although it is found that it was an accident arising out of the employment.

Robbins v. Hosiery Mills, 220 N. C., 246 , 17 S. E. (2d), 20 . It occurred while the employee was in the discharge of his duties, and it resulted in his death. This permits the inference, which .the Commission has drawn, that it was, a compensable injury.

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

Brown v. Aluminum Co., 224 N. C., 766 , 32 S. E. (2d), 320 . To say the death was due to physical seizure, unrelated to the employment, even if regarded the more plausible view, would be to reject the opposing inferences which support the fact-finding body.

Hegler v. Cannon Mills, 224 N. C., 669 , 31 S. E. (2d), 918 . Moreover, where the record is such as to permit either finding, the factual determinations of the Industrial Commission are conclusive on appeal to the Superior Court and in this Court.

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

*686 Tbe cases of Rewis and Brown , above cited, are in full support of tbe conclusion bere reached. "We are content to rest our decision on wbat was said in these two cases.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 15 cases

View all citing references →
1948: 11949: 11951: 11954: 21955: 11963: 21969: 11980: 21997: 12002: 22005: 119482026peak 1954 · 2

Relies on it most ⓘ

  1. Hollar v. Montclair Furniture Co., Inc.269 S.E.2d 667 (N.C. Ct. App. 1980)
  2. Rackley v. Coastal Painting570 S.E.2d 121 (N.C. Ct. App. 2002)
  3. Vause v. Vause Farm Equipment Co.63 S.E.2d 173 (N.C. 1951)
  4. Taylor v. Twin City Club132 S.E.2d 865 (N.C. 1963)
  5. Cole v. GUILFORD COUNTY AND HARTFORD ACC. & IND. CO.131 S.E.2d 308 (N.C. 1963)
  6. Bagwell v. Ernest Burwell, Inc.88 S.E.2d 611 (S.C. 1955)

Most recent

  1. Chavis v. TLC Home Health Care616 S.E.2d 403 (N.C. Ct. App. 2005)
  2. Rackley v. Coastal Painting570 S.E.2d 121 (N.C. Ct. App. 2002)
  3. Boney v. Winn Dixie, Inc.No. I.C. NO. 874344 (N.C. Indus. Comm. Aug. 12, 2002)
  4. Tharp v. Southern Gables, Inc.481 S.E.2d 339 (N.C. Ct. App. 1997)
  5. Hollar v. Montclair Furniture Co., Inc.269 S.E.2d 667 (N.C. Ct. App. 1980)
  6. King v. Exxon Co.266 S.E.2d 37 (N.C. Ct. App. 1980)

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 5

DepthCaseCited by
Rewis v. N.Y. Life Ins., 38 S.E.2d 97 (N.C. 1946) 59
Brown v. Carolina Aluminum Co., 32 S.E.2d 320 (N.C. 1944) 21
Robbins v. Bossong Hosiery Mills, Inc., 17 S.E.2d 20 (N.C. 1941) 34
Hegler v. Cannon Mills Co., 31 S.E.2d 918 (N.C. 1944) 28
Kearns v. Biltwell Chair & Furniture Co., 23 S.E.2d 310 (N.C. 1942) 15

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