Michaux v. Gate City Orange Crush Bottling Co.

BhogdeN, J. The claimant was employed as a truck helper by the driver thereof, with the consent and approval of the employer, Gate *788 City Orange Crush Bottling Company. Moreover, bis services were necessary to the proper and efficient distribution of the products of the employer. He was injured in attempting to climb upon the truck to which he had been assigned in the prosecution of the business of the owner. Hayes v. Creamery, 195 N. C., 313, 141 S. E., 340. Assuming that it was a negligent act for this boy to attempt to mount a moving truck, nevertheless “it is generally conceded by all courts that the various compensation acts were intended to eliminate the fault of the workman as a basis for denying recovery.” Chambers v. Oil Co., 199 N. C., 28, 153 S. E., 594. The fact that previous to his injury he had been playing or scuffling or sparring with another boy does not preclude recovery upon the facts disclosed by the record. Such acts bore no relation to his fall from the truck and the consequent death. There was competent evidence to support the findings of fact made by the Industrial Commission and the judgment is Affirmed.