{
  "id": 12165320,
  "name": "MRS. GENEVIEVE HOLLEMAN WEST, Widow, GENEVIEVE ADELIA WEST and JOSEPHINE MARIA WEST, Daughters of RUPERT E. WEST, Deceased, Employee, v. NORTH CAROLINA DEPARTMENT OF CONSERVATION AND DEVELOPMENT, Employer, Self-Insurer",
  "name_abbreviation": "West v. North Carolina Department of Conservation & Development",
  "decision_date": "1948-09-22",
  "docket_number": "",
  "first_page": "232",
  "last_page": "234",
  "citations": [
    {
      "type": "official",
      "cite": "229 N.C. 232"
    }
  ],
  "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": "227 N. C., 314",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8624486
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/227/0314-01"
      ]
    },
    {
      "cite": "184 S. E., 844",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "209 N. C., 823",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2221546
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/209/0823-01"
      ]
    },
    {
      "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": "216 N. C., 432",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8604140
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/216/0432-01"
      ]
    },
    {
      "cite": "222 N. C., 358",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8630398
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nc/222/0358-01"
      ]
    },
    {
      "cite": "218 N. C., 200",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8615891
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/218/0200-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 408,
    "char_count": 5987,
    "ocr_confidence": 0.49,
    "pagerank": {
      "raw": 8.7451659742814e-08,
      "percentile": 0.4947047105835128
    },
    "sha256": "aaef1edf91198e6e56e994affb9c0bddff3c4e900b633fe2867e1e25ecfbe447",
    "simhash": "1:f80a722f9497ac5c",
    "word_count": 1043
  },
  "last_updated": "2023-07-14T16:16:54.231798+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MRS. GENEVIEVE HOLLEMAN WEST, Widow, GENEVIEVE ADELIA WEST and JOSEPHINE MARIA WEST, Daughters of RUPERT E. WEST, Deceased, Employee, v. NORTH CAROLINA DEPARTMENT OF CONSERVATION AND DEVELOPMENT, Employer, Self-Insurer."
    ],
    "opinions": [
      {
        "text": "Bai\u00edniitll, J.\nThe record is devoid of any evidence tending to show that the deceased died as the result of an injury by accident. Neither an accident nor an injury, as those terms are used in the Workmen\u2019s Compensation Act, is made to appear.\nSo far we have not held that mere resistance by one who is being taken into custody by an arresting officer constitutes an accident. The resulting exertion on the part of the officer, required in the performance of his duties, may be considered as an incident of his occupation. Be that as it may, the question does not arise on this record.\nIt is true that one witness stated that the deceased told her: \u201cI have had a time all the morning, up the creek with three men resisting me without a fishing license, three men who had no license, and I had to come in and get warrants for them.\u201d Even so, the nature, extent, and effect of the resistance are not disclosed. Furthermore, this statement of a deceased person was not brought within the terms of G. S. 28-173 and was inadmissible.\nThe finding of a material fact by the commission, to be sustained, must be supported by some competent evidence. Logan v. Johnson, 218 N. C., 200, 10 S. E. (2d), 653; Gilmore v. Board of Education, 222 N. C., 358, 23 S. E. (2d), 292; Bank v. Motor Co., 216 N. C., 432, 5 S. E. (2d), 318.\nHeart disease is not an occupational disease. Nor may it ordinarily be treated as an injury. G. S. 97-53. Hence death therefrom is not compensable. Neely v. Statesville, 212 N. C., 365, 193 S. E., 664; Slade v. Hosiery Mills, 209 N. C., 823, 184 S. E., 844; Gilmore v. Board of Education, supra.\nGabriel v. Newton, 227 N. C., 314, 42 S. E. (2d), 96, relied on by plaintiff, is not in conflict with this conclusion. There, more than the ordinary exertion incident to the discharge of the duties of an officer was made to appear. The elevator was out of order. As a result, the officer was required to carry a drunken prisoner up three flights of steps. This was the unusual and exceptional. As a result, the muscles of his heart and blood vessels were unduly strained and stretched, causing acute dilatation of the heart. This was the injury.\nAs the conclusion of the Industrial Commission was the only permissible inference to be drawn from the evidence, the order denying the award was without error. The judgment of the court below approving the same must be\nAffirmed.",
        "type": "majority",
        "author": "Bai\u00edniitll, J."
      }
    ],
    "attorneys": [
      "John B. McMullan and John H. Hall for plaintiff appellants.",
      "Attorney-General McMullan and Assistant Attorneys-General Bruton, Rhodes, and Moody for employer appellee."
    ],
    "corrections": "",
    "head_matter": "MRS. GENEVIEVE HOLLEMAN WEST, Widow, GENEVIEVE ADELIA WEST and JOSEPHINE MARIA WEST, Daughters of RUPERT E. WEST, Deceased, Employee, v. NORTH CAROLINA DEPARTMENT OF CONSERVATION AND DEVELOPMENT, Employer, Self-Insurer.\n(Filed 22 September, 1948.)\n1. Death \u00a7 7b\u2014\nTestimony of a statement by an officer shortly before his death from coronary occlusion that he \u201chad had a time all the morning\u201d arresting three men who resisted him, is incompetent as a dying declaration when not brought within the terms of G. S., 28-173.\n2. Master and Servant \u00a7 40b\u2014\nA game warden died of coronary occlusion shortly after he had arrested three persons for fishing without a license. There was no competent evidence before the Industrial Commission as to the nature, extent or effect on the officer of their resistance to arrest. Held: There was no evidence from which the Industrial Commission could have found that the death resulted from an \u201caccident.\u201d\n3. Master and Servant \u00a7 40f\u2014\nHeart, disease is not an occupational disease. G. S., 97-53.\n4. Master and Servant \u00a7 40a\u2014\nOrdinarily, heart disease is not an injury and death therefrom is not: ordinarily compensable.\nAppeal by plaintiff' from Bone, J., May Term, 1948, Dabe.\nWorkmen\u2019s Compensation case instituted by dependents of Rupert E. West, deceased employee of defendant.\nRupert E. West was a district game warden. Ilis duties required him to patrol his territory and apprehend persons found violating the game and fish laws and to take them before some justice of the peace or other judicial officer for trial.\nOn 18 May 1946, he made a trip from his home in Moyock approximately 2\u00bd miles to the mouth of a creek, apprehended three persons fishing without license, took them before a magistrate in Moyock and procured warrants against them. The defendants pleaded guilty and were fined. Two paid their fines, hut the other one was \u201ckind of sar-castie like\u201d and did not pay his fine until later. After he had paid, deceased \u201ctook the names down from the warrants . . . got in his car and drove off.\u201d This was about 11:80, and about 12 :15 or 12 :30 he died as the result of a coronary occlusion. He had suffered for some time prior thereto from angina pectoris due to diseased coronary arteries.\nOn the day of his death, after his return trip, deceased \u201clooked rather flushed, it was a mighty hot day and he seemed high strung and ready to go. He was always in a hurry.\u201d\nA medical expert testified that the exertion or \u201cexcitement\u201d of the arrest, the trial and the other incidents of the morning, \u201cincluding the running of the boat up the creek . . . could easily have caused the coronary occlusion and the resulting death.\u201d\nOne witness testified that the deceased, after the trial, \u201chad a terribly worried expression\u201d and said to her: \u201cI have had a time all the morning, up the creek with three men resisting me without a fishing license, three men who had no license, and I had to come in and get warrants for them.\u201d\nThe hearing commissioner found that deceased, on the day he died, was simply performing his usual duties and that \u2018Lifter a most careful analysis of all of the evidence, the Commission can find no unusual, unforeseen or unexpected event which could be construed as an accident or injury by accident.\u201d An award was denied. The full commission affirmed. On appeal to the Superior Court, the order of the full commission denying an award was affirmed and plaintiff appealed.\nJohn B. McMullan and John H. Hall for plaintiff appellants.\nAttorney-General McMullan and Assistant Attorneys-General Bruton, Rhodes, and Moody for employer appellee."
  },
  "file_name": "0232-01",
  "first_page_order": 286,
  "last_page_order": 288
}