{ "id": 11301376, "name": "MILDRED E. ROBBINS, Employee, v. BOSSONG HOSIERY MILLS, INC., Employer; and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Carrier", "name_abbreviation": "Robbins v. Bossong Hosiery Mills, Inc.", "decision_date": "1941-10-29", "docket_number": "", "first_page": "246", "last_page": "248", "citations": [ { "type": "official", "cite": "220 N.C. 246" } ], "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": "166 S. E., 301", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "203 N. C., 466", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8613214 ], "opinion_index": 0, "case_paths": [ "/nc/203/0466-01" ] }, { "cite": "160 S. E., 827", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "201 N. C., 539", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626668 ], "opinion_index": 0, "case_paths": [ "/nc/201/0539-01" ] }, { "cite": "217 N. C., 173", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8601834 ], "opinion_index": 0, "case_paths": [ "/nc/217/0173-01" ] }, { "cite": "193 S. E., 664", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "212 N. C., 365", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8610581 ], "opinion_index": 0, "case_paths": [ "/nc/212/0365-01" ] }, { "cite": "177 S. E., 165", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "207 N. C., 317", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625723 ], "opinion_index": 0, "case_paths": [ "/nc/207/0317-01" ] }, { "cite": "200 S. E., 438", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "214 N. C., 589", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8632253 ], "opinion_index": 0, "case_paths": [ "/nc/214/0589-01" ] }, { "cite": "196 S. E., 342", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "213 N. C., 356", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628070 ], "opinion_index": 0, "case_paths": [ "/nc/213/0356-01" ] }, { "cite": "195 S. E., 370", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "213 N. C., 148", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626876 ], "opinion_index": 0, "case_paths": [ "/nc/213/0148-01" ] }, { "cite": "155 S. E., 728", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "199 N. C., 733", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8614106 ], "opinion_index": 0, "case_paths": [ "/nc/199/0733-01" ] }, { "cite": "153 S. E., 266", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "198 N. C., 723", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8619113 ], "opinion_index": 0, "case_paths": [ "/nc/198/0723-01" ] } ], "analysis": { "cardinality": 437, "char_count": 6853, "ocr_confidence": 0.477, "pagerank": { "raw": 3.170541360621652e-07, "percentile": 0.863895925978696 }, "sha256": "a3bfaa1462bc423b61a4247a61cddd90926ad580930a0d73ce5c22d9388df4c8", "simhash": "1:187c8973b943fe2c", "word_count": 1210 }, "last_updated": "2023-07-14T14:44:04.432821+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "MILDRED E. ROBBINS, Employee, v. BOSSONG HOSIERY MILLS, INC., Employer; and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Carrier." ], "opinions": [ { "text": "BaeNhill, J.\nClaimant was employed by defendant Bossong Hosiery Mills, Inc., as a topper. On 18 October, 1934, she returned to her place-of employment just prior to the time her shift was required to relieve-the night shift, went to her bench and began to perform necessary duties preliminary to the starting of her machine. She was \u201cloose coursing\u201d\u2019 or making lines on bose. There is a stand or rack upon which she was required to keep her work material and to hang the hose. This rack was elevated and apparently over the machine. The hose are hung on the rack and in order for claimant to do her work it was necessary for her to take them down, \u201cloose course\u201d them and then put them back. In so doing she fell and received serious injuries.\nHer fall is thus described by an eyewitness: \u201cI saw her walk up there to this rack where they hang this work and she just walked up there and she put her hands up like that, I don\u2019t know whether she had work in them or what, or whether she was getting work, and then I saw her go backwards like that . . . looked to me like she walked up to the rack, about as high as that lamp, and it looked like she reached up to get work or put it on the machine, and the next thing I knew she was falling ... at the time she had her bone (an instrument used in her work) in her hand.\u201d\nThat claimant was acting in the course of her employment is conceded. That the fall constituted an accident cannot be controverted. While defendant insists that there is no evidence of any unusual or untoward condition or occurrence that caused the fall, this is not essential. The fall was the unusual, unforeseen occurrence which is the \u201caccident\u201d within the meaning of the act. The injury was the result.\nDid the accident arise out of the employment? On this record this is the decisive question. It was upon a negative answer thereto that the court based its judgment.\nThe meaning of the term \u201cout of\u201d as used in the Workmen\u2019s Compensation Act has been frequently discussed and defined by this Court. Mere repetition would serve no good purpose. Conrad v. Foundry Co., 198 N. C., 723, 153 S. E., 266; Harden v. Furniture Co., 199 N. C., 733, 155 S. E., 728; Plemmons v. White\u2019s Service, Inc., 213 N. C., 148, 195 S. E., 370; Lockey v. Cohen, Goldman & Co., 213 N. C., 356, 196 S. E., 342.\nWhen claimant was injured she was engaged in performing one of the duties of her employment. When she reached up to the rack, for some undisclosed reason she lost her balance and fell. There is no evidence tending to show that the fall was caused by a hazard to which the workman would have been exposed apart from the employment or from a hazard common to others. It had its origin in a risk connected with the employment. Hence, we are unable to say that the Commission was not justified in concluding that it was connected with and flowed from the employment as a rational consequence.\nThe decisions in somewhat similar cases may be divided into two distinct groups. One group is represented by Maley v. Furniture Co., 214 N. C., 589, 200 S. E., 438, and Morgan v. Cloth Mills, 207 N. C., 317, 177 S. E., 165. In tbe Matey case, supra, tbe employee suffered an injury to bis arm and in tbe Morgan case, supra, be slipped and fell while in tbe course of bis employment. In each case tbe cause of tbe injury was in doubt. No other sufficient explanation appearing, we held in each case that tbe conclusion that tbe injury arose out of tbe employment was permissible and should be sustained.\nTbe other group is Represented by tbe cases cited and relied on by defendant. In each of those eases it affirmatively appears that tbe cause of tbe accident was either physical infirmity or external force or violence, in nowise connected with or related to tbe employment, and that it arose out of a hazard common to others. In Neely v. Statesville, 212 N. C., 365, 193 S. E., 664, it was heart failure. In Buchanan v. Highway Commission, 217 N. C., 173, 7 S. E. (2d), 382, claimant when at work was periodically blind and dizzy. In Plemmons v. White\u2019s Service, Inc., supra, be was bitten by a dog. In Whitley v. Highway Commission, 201 N. C., 539, 160 S. E., 827, be was accidentally shot by a hunter; and in Bain v. Mfg. Co., 203 N. C., 466, 166 S. E., 301, be was injured by a stray bullet.\nTbe logic of these decisions is this: where tbe employee, while about bis work, suffers an injury in tbe ordinary course of tbe employment, tbe cause of which is unexplained but which is a natural and probable result of a risk thereof, and tbe Commission finds from all tbe attendant facts and circumstances that tbe injury arose out of tbe employment, an award will be sustained. If, however, tbe cause is known and is independent of, unrelated to, and apart from tbe employment \u2014 the result of a hazard to which others are equally exposed \u2014 compensation will not be allowed. Herein lies tbe distinction which is bottomed upon tbe rule of liberal construction.\nTbe judgment below is\nReversed.", "type": "majority", "author": "BaeNhill, J." } ], "attorneys": [ "Ferree & Beal for plaintiff, appellant.", "Sapp, Sapp & Atkinson for defendants, appellees." ], "corrections": "", "head_matter": "MILDRED E. ROBBINS, Employee, v. BOSSONG HOSIERY MILLS, INC., Employer; and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Carrier.\n(Filed 29 October, 1941.)\n1. Master and Servant \u00a7 40d\u2014\nA fall is in itself an unusual and unforeseen occurrence constituting an \u201caccident\u201d within the meaning of the Workmen\u2019s Compensation Act, and evidence of anj^ unusual or untoward condition or occurrence causing the fall is not required.\n2. Master and Servant \u00a7 40e\u2014\nEvidence that an employee, while reaching up to a rack in the course of her employment, for some undisclosed reason lost her balance and fell, is sufficient to sustain the finding of the Industrial Commission that the accident arose out of the employment.\n3. Same\u2014\nWhere the cause of an accident is unexplained hut the accident is a natural and probable result of a risk of the employment, the finding of the Industrial Commission that the accident arose out of the employment will be sustained; but where the cause of the accident is known and such cause is independent of, unrelated to, and apart from the employment, and results from a hazard to which others are equally exposed, compensation will not be allowed.\nAppeal by plaintiff from Clement, J., at March Term, 1941, of EaNDOLPh.\nBeversed.\nClaim for compensation under the Workmen\u2019s Compensation Act, ch. 120, Public Laws 1929, as amended.\nThe individual Commissioner allowed compensation. The Full Commission affirmed. On appeal the court below, being of the opinion \u201cthat there is no sufficient or competent evidence upon which the finding of fact that the plaintiff sustained an injury by accident arising out of her employment can be sustained,\u201d entered judgment reversing the order of the Commission and dismissing the action. Claimant excepted and appealed.\nFerree & Beal for plaintiff, appellant.\nSapp, Sapp & Atkinson for defendants, appellees." }, "file_name": "0246-01", "first_page_order": 290, "last_page_order": 292 }