{ "id": 8606272, "name": "LAT R. YOUNG, Administrator of Estate of RALPH YOUNG, v. MAYLAND MICA COMPANY and ED VANCE", "name_abbreviation": "Young v. Mayland Mica Co.", "decision_date": "1937-10-13", "docket_number": "", "first_page": "243", "last_page": "244", "citations": [ { "type": "official", "cite": "212 N.C. 243" } ], "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": [ { "cite": "163 S. E., 569", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "202 N. C., 500", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627293 ], "opinion_index": 0, "case_paths": [ "/nc/202/0500-01" ] } ], "analysis": { "cardinality": 266, "char_count": 4209, "ocr_confidence": 0.486, "pagerank": { "raw": 9.50997555927587e-08, "percentile": 0.5240448381353507 }, "sha256": "907138789ad4ece0c713e6d20a121527474fdc5b41757f6258f2250b02728403", "simhash": "1:3c7589eb3006f2c6", "word_count": 691 }, "last_updated": "2023-07-14T21:30:43.466662+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "LAT R. YOUNG, Administrator of Estate of RALPH YOUNG, v. MAYLAND MICA COMPANY and ED VANCE." ], "opinions": [ { "text": "WiNBORNe, J.\nTbe principal question involved on this appeal is as to jurisdiction. The defendant challenges jurisdiction of the Superior Court, and contends that the parties are subject to the provisions of the North Carolina Workmen\u2019s Compensation Act. On the facts found, this contention is not sustained.\nThe Workmen\u2019s Compensation Act does \u201cnot apply ... to any person, firm, or private corporation that has regularly in service less than five employees in the same business within the State,\u201d unless such employees and their employers voluntarily elect to be bound by the act in the manner therein provided. O. S., 8081 (u) (b).\nIt is not contended in the instant case that the parties have voluntarily elected to be bound. The only question of fact is as to the number of employees regularly in service in the business of the defendant in this State. This is a jurisdictional fact which the Superior Court has the duty and power to find. Aycock v. Cooper, 202 N. C., 500; 163 S. E., 569.\nThere is evidence tending to show that there were four men employed at the time the intestate was injured. There was also testimony tending to show that the plant was sometimes operated by less than four men, sometimes by one man, and at one time by two men. The father of the intestate testified: \u201cMy boy was about what they had to boss.\u201d There was also testimony that four men were employed in the day and four at night; that some of the men would be out part of the time; and \u201cthey tried to get along with less than four.\u201d On this conflicting evidence it was proper for the fact to be determined by submission of an issue to the jury. The jury did not accept defendant\u2019s contention. In the trial and judgment we find\nJN o error.", "type": "majority", "author": "WiNBORNe, J." } ], "attorneys": [ "Charles Hutchins and Anglin & Randolph for plaintiff, appellee.", "J. W. Ragland for defendant, appellant." ], "corrections": "", "head_matter": "LAT R. YOUNG, Administrator of Estate of RALPH YOUNG, v. MAYLAND MICA COMPANY and ED VANCE.\n(Filed 13 October, 1937.)\n1. Master and Servant \u00a7 49 \u2014 -Refusal to dismiss on ground that Industrial Commission had exclusive jurisdiction held supported by jury\u2019s finding.\nWhere, in an action instituted in the Superior Court, the jury finds upon conflicting evidence that defendant employer -regularly employed less than five employees, there being no contention that the employer and employees had voluntarily elected to be bound by the Compensation Act, C. S., 8081 (u) (b), judgment overruling defendant\u2019s plea to dismiss on the ground that the action was within the exclusive jurisdiction of the Industrial Commission is without error.\n3. Courts \u00a7 lc \u2014 Conflicting evidence as to fact determining jurisdiction of Industrial Commission held properly submitted to jury.\nWhere a plea to the jurisdiction of the Superior Court is filed on the ground that the Industrial Commission has exclusive jurisdiction, the Superior Court has the duty and power to find the jurisdictional fact, and where the plea is dependent upon the number of employees regularly employed by defendant, and the evidence on the point is conflicting, the evidence is properly submitted to the jury for their determination of the jurisdictional fact.\nAppeal by defendant from Clement, J., at January Term, 1937, of YANCEY.\nAction to recover damages for alleged wrongful death.\nPlaintiff filed complaint alleging actionable negligence and damages. The defendant filed answer and denied the allegations of the complaint, and further set up plea denying the jurisdiction of the Superior Court to hear and determine the issues involved, for that it alleges the North Carolina Workmen\u2019s Compensation Act applies in that the defendant was engaged in business in Newdale, Yancey County, having regularly in service in its said business more than five employees, including the plaintiff\u2019s intestate; and that the accident resulting in the death of plaintiff\u2019s intestate arose out of and in the course of his employment within the meaning of the Workmen\u2019s Compensation Act.\nThe following issue, among others, was submitted to the jury: \u201cDid the defendant regularly employ in its service less than five employees?\u201d This was answered in the affirmative.\nFrom judgment on verdict rendered defendant appealed, assigning error.\nCharles Hutchins and Anglin & Randolph for plaintiff, appellee.\nJ. W. Ragland for defendant, appellant." }, "file_name": "0243-01", "first_page_order": 313, "last_page_order": 314 }