Butler ex rel. Butler v. Jones Plumbing & Heating Co.

Supreme Court of North Carolina
Butler ex rel. Butler v. Jones Plumbing & Heating Co., 244 N.C. 525 (N.C. 1956)
94 S.E.2d 556; 1956 N.C. LEXIS 459
Johnson

Butler ex rel. Butler v. Jones Plumbing & Heating Co.

Opinion of the Court

Per Curiam.

The evidence before the hearing commissioner fully sustained his findings of fact and conclusions of law. They in turn supported the award. On the evidence presented, it is difficult to see how any other result could be reached. The record shows that the deceased employee was working under the direct supervision and instruction of his superior in attempting to make repairs on a drum that actually belonged to another contractor working in the same building and on the same job. The evidence showed also that the two contractors .had on prior occasions assisted each other without charge. Guest v. Iron & Metal Co., 241 N.C. 448, 85 S.E. 2d 596. The record here is free from error and the judgment is Affirmed.

Johnson, J., not sitting.

Reference

Full Case Name
MRS. GRACE ELAINE McC. BUTLER, Widow MRS. GRACE ELAINE McC. BUTLER, Next Friend for PATSY BUTLER, Minor Daughter BONNY BUTLER, Minor Daughter BILLY BUTLER, Minor Son, and JOHNNY BUTLER, Minor Son JOHN CARLTON BUTLER, Employee v. JONES PLUMBING & HEATING COMPANY, Employer GENERAL ACCIDENT FIRE & LIFE INSURANCE COMPANY, Carrier and CONN STRUCTORS, Employer UNITED STATES CASUALTY CO., Carrier
Status
Published