{
  "id": 8628827,
  "name": "Dependents of W. W. CANTER, Deceased, v. SURRY COUNTY BOARD OF EDUCATION and MARYLAND CASUALTY COMPANY",
  "name_abbreviation": "Dependents of Canter v. Surry County Board of Education",
  "decision_date": "1931-11-04",
  "docket_number": "",
  "first_page": "836",
  "last_page": "836",
  "citations": [
    {
      "type": "official",
      "cite": "201 N.C. 836"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2406,
    "ocr_confidence": 0.449,
    "pagerank": {
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    "sha256": "1db9d2b1778c5a29536a340b0378846f57fc49af64bc91f34045c55eac6d8268",
    "simhash": "1:531f9fed801a830e",
    "word_count": 394
  },
  "last_updated": "2023-07-14T22:25:15.863450+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Dependents of W. W. CANTER, Deceased, v. SURRY COUNTY BOARD OF EDUCATION and MARYLAND CASUALTY COMPANY."
    ],
    "opinions": [
      {
        "text": "Pee, Ouriajvi.\nTbe only material exception and assignment of error is to tbe testimony of Dr. M. S. Martin. We do not think it necessary to pass upon tbe competency of this evidence.\nPublic Laws 1929, chap. 120, sec. 2(f), (Workmen\u2019s Compensation Act) is as follows: \u201c \u2018Injury\u2019 and \u2018personal injury\u2019 shall mean only injury by accident arising out of and in tbe course of tbe employment, and shall not include a disease in any form, except where it results naturally and unavoidably from tbe accident.\u201d See, also, sec. 4.\nOn all tbe evidence appearing in tbe record, we think tbe death of W. W. Canter, tbe employee of defendant Surry County Board of Education, was not tbe result of an \u201cinjury by accident arising out of and in tbe course of tbe employment.\u201d There was no causal relation between tbe accident and tbe employment. Tbe judgment below is\nAffirmed.",
        "type": "majority",
        "author": "Pee, Ouriajvi."
      }
    ],
    "attorneys": [
      "Folger & Folger for dependents.",
      "McMichael & McMichael for defendants."
    ],
    "corrections": "",
    "head_matter": "Dependents of W. W. CANTER, Deceased, v. SURRY COUNTY BOARD OF EDUCATION and MARYLAND CASUALTY COMPANY.\n(Filed 4 November, 1931.)\nMaster and Servant E b \u2014 Where there is no causal relation between the employment and the injury compensation is correctly denied.\nWliore the evidence in a proceeding for compensation under the Workmen's Compensation Act fails to disclose any causal relation between the accident and the employment, conrpensation is correctly denied, it being necessary that the injury should arise out of the employment to entitle the injured employee to compensation.\nAppeal by dependents of plaintiff from Shaw, J., at July Term, 1931, of Surey.\nAffirmed.\nTbe bearing commissioner found tbe facts and tbe conclusion of law was to tbe effect tbat W. W. Canter\u2019s dependents could not recover. Upon appeal to tbe full Commission, tbe findings of fact and conclusion of law before tbe bearing Commissioner were affirmed, denying compensation. Appeal was taken to tbe Superior Court, and tbe judgment of tbe court below is as follows: \u201cIt is ordered and adjudged and decreed tbat tbe judgment of tbe Industrial Commission is hereby in all things confirmed and tbe petitioners in this cause are denied any compensation in this action; and tbat tbe defendants, tbe board of education and tbe Maryland Casualty Company, go without day.\u201d Tbe dependents of W. W. Canter, deceased, excepted, assigned error to tbe judgment as signed, and appealed to tbe Supreme Court.\nFolger & Folger for dependents.\nMcMichael & McMichael for defendants."
  },
  "file_name": "0836-01",
  "first_page_order": 910,
  "last_page_order": 910
}