Legal Opinion

Smith v. Southern Waste Paper Co.

Supreme Court of North Carolina

Decided January 31, 1946PublishedCited by 6 opinions

Appeal by plaintiff from Alley, J., at September Term, 1945, of Guilbobd. Reversed. Claim for compensation tinder the Workmen’s Compensation Act for the death of George Bradshaw McPherson. The Industrial Commission found that the deceased was an employee of defendant Southern Waste Paper Company, and that his injury by accident, resulting in his death, arose out of and in the course of his employment by the defendant.

Read the full summary

Appeal by plaintiff from Alley, J., at September Term, 1945, of Guilbobd. Reversed. Claim for compensation tinder the Workmen’s Compensation Act for the death of George Bradshaw McPherson. The Industrial Commission found that the deceased was an employee of defendant Southern Waste Paper Company, and that his injury by accident, resulting in his death, arose out of and in the course of his employment by the defendant. Upon appeal to the Superior Court, the award of the Industrial Commission was reversed upon the ground that on the facts found and established by the record the deceased was an…

1Opinion of the CourtDevin, J.

The plaintiff’s appeal presents the question whether, upon the facts shown by the record, and found by the Industrial Commission, the plaintiff’s intestate was, with respect to the work in which he was engaged at the time of his fatal injury, an employee of the defendant Waste Paper Company, or an independent contractor. The court below held that he was not an employee, but an independent contractor, and on that ground reversed the award of the Industrial Commission, and denied compensation.

While the findings of fact by the Industrial Commission, when supported by competent evidence, are…

2Cases cited19 opinions

  1. Old Colony Trust Co. v. City of OmahaSupreme Court of the United States · 1913
  2. Johnson v. Asheville Hosiery Co.Supreme Court of North Carolina · 1930
  3. Rader v. Queen City Coach Co.Supreme Court of North Carolina · 1945
  4. Cole v. Industrial Fibre Co.Supreme Court of North Carolina · 1931
  5. Aycock v. . CooperSupreme Court of North Carolina · 1932

14 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Thomason v. Red Bird Cab Co.Supreme Court of North Carolina · 1952
  2. Hensley v. Farmers Federation Co-OperativeSupreme Court of North Carolina · 1957
  3. McCraw v. Calvine Mills, Inc.Supreme Court of North Carolina · 1951
  4. Aylor v. BarnesSupreme Court of North Carolina · 1955
  5. Pearson v. PEERLESS FLOORING COMPANYSupreme Court of North Carolina · 1958

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API