36 Ga. App. 487 | Ga. Ct. App. | 1927
This case is here upon exceptions to a judgment of the superior court of Fulton county denying an appeal from an award of compensation to the dependents of Harry Hardy, a 17-year-old boy, who, for about five weeks prior to his death, had been employed by Atlanta Woolen Mills as a weaver, on the third floor of his employer’s factory. On April 20, 1925, at about (either a few minutes before or just after) the end of the lunch hour, he was discovered pinned between the elevator and the fourth floor (or the overhead ceiling of the next room below) of the four-story building, with his stomach or chest against the edge of the elevator floor, his face downward, and with the remainder of his body hanging outside the elevator and over the shaft. There was no eyewitness to the accident, and the decedent made no statement before dying, as to how he happened to be on the elevator or thus to get caught in it. There was a regular elevator operator, but there was evidence that other employees would on occasion run the elevator themselves when the regular operator was absent, if they were in need of material for their work, but all were expressly warned never to ,use the elevator under any other circumstances. The elevator was a freight elevator, not intended for passenger service, although it was shown in the evidence that employees would sometimes use it, in the absence of the regular operator, merely to' avoid climbing the stairs. The supply room was on the second'floor, and from that place only did the decedent procure materials needed in his work on the third floor. The second floor was level with the ground, in the front of the building, while the first floor was level with the ground in the rear. When work was suspended for the lunch hour the elevator was left at the second floor. No one accounts for it from that time until it was discovered in the station
On the original hearing before one commissioner, compensation was denied. Thereafter the claimant, having obtained a review before the full commission, asked to submit additional evidence. This request was granted, though over the objection of the employer and the insurance carrier. After thus hearing additional testimony and considering it with that which had previously been taken by the sole commissioner, the full commission made the following award: “There is some conflict in the evidence as to the time that the deceased returned to the premises of the employer to begin his work on the' afternoon of the day in question. Although there was a rule against the employees using the elevator unless the elevator man was running it, and then only when getting materials for work, this rule was not enforced. There is evidence that employees ran the elevator themselves when for some reason the regular operator was not at his post. The deceased was not acting without the scope of his employment in using the elevator. He met his death by being crushed between the elevator and the top floor of the building. In the light of all of the evidence the deceased was where he might reasonably be supposed to be. The natural inference is that the accident arose out of and
Counsel for the plaintiff in error, in their brief, say that this court should reverse the judgment of the court below upon the following grounds: (1) Because there has been no finding of the facts by the commission, or because the facts found do not support the award. (2) Because the inferences which are to be made the basis of the award of the. commission are not properly founded upon proven facts. (3) Because the commission erred in admitting the additional evidence in the hearing before the full commission, contrary to rule 26.
It is true, we held in Southeastern Express Co. v. Edmondson, 30 Ga. App. 697 (119 S. E. 39), that the commission should malee a statement of its findings and file the same with the record. We said also in that case that “it is not enough to state, merely as a conclusion, in the language of the statute, that the injury is found to have arisen out of and in the course of the employment.” This was not to hold, however, that it is improper for the commission to give its conclusion in the language of the statute, where the findings of fact as stated are sufficient to justify such conclusion. What we meant in that case was that a mere statement that the commission finds that the injury arose out of and in the course of the employment is not such a finding of fact as would justify an award, when it stands unsupported by any other findings of fact to justify it as a conclusion. We think this is the rule to be deduced from the authorities cited in that case. We can not sustain the contention that the commission made no finding of fact, or that the facts found do not support the order or decree awarding compensation.
Nor can we concur in the proposition that the inferences which
Eule 26 of the industrial commission follows section 6086 of the Civil Code (1910), relating to newly discovered evidence as a ground for a new trial. In Southeastern Express Co. v. Edmondson, supra, this court assumed that the discretion of the full commission in admitting or refusing to admit additional evidence, or to rehear the evidence, might in a proper case be reviewed. All that we then held upon the subject was that there was no abuse of the discretion in the refusal to hear evidence in that case. We now hold there was no abuse of discretion in the present case in hearing additional evidence. In other words, the commission’s
Judgment affirmed.