Michaux v. Gate City Orange Crush Bottling Co.
Cases that cite this one
17 later published cases cite this decision.
- Lemmerman v. A. T. Williams Oil Co. (N.C. 1986)
- Chandler v. Nello L. Teer Co. (N.C. Ct. App. 1981)
- Archie v. Greene Brothers Lumber Co. (N.C. 1943)
- Nottingham v. Thumpers Bar and Grill (North Carolina Industrial Commission 2007)
- Cauble v. Soft-Play, Inc. (N.C. Ct. App. 1996)
- Lucas v. Li'l General Stores (N.C. Ct. App. 1975)
- Brewer v. POWERS TRUCKING COMPANY (N.C. 1962)
- Hartley v. North Carolina Prison Department (N.C. 1962)
- Howell v. Standard Ice & Fuel Co. (N.C. 1946)
- Nolde Bros. v. Chalkley (Va. 1945)
- Macon Dairies Inc. v. Duhart (Ga. Ct. App. 1943)
- Archie v. . Lumber Co. (N.C. 1943)
- Traders & General Ins. Co. v. May (Tex. App. 1943)
- Beach v. . McLean (N.C. 1941)
- Williams v. American Employers' Ins. (D.C. Cir. 1939)
- Hockmuth v. Perkins (Ga. Ct. App. 1937)
- Rowe v. . Rowe-Coward Co. (N.C. 1935)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.