Cowart v. Pearl River Tung Co.
Mississippi Supreme Court
67 So. 2d 356 (1953)
- Written by Serena Lipski, JD
Facts
Rosa May was an employee for Pearl River Tung Co. (Pearl River) (defendant). May’s job involved picking up tung nuts under the trees in Pearl River’s tung orchard. To do so, May carried a wire basket from one tree to another, repeatedly stooping and bending over from waist high to reach the nuts from the ground. On December 18, 1950, while bending over to pick up nuts from the ground, May suffered a massive rupture of a blood vessel on her brain and died. May’s daughter, Carrie Cowart (plaintiff), filed a claim for workers’-compensation benefits on behalf of May’s dependents, of whom Cowart was guardian. Two physicians testified that May’s stooping and bending affected her blood pressure, causing the blood vessel to rupture. Pearl River argued that May’s work in carrying the wire baskets and picking up nuts was not strenuous, and her accident could have occurred at any time, even when she was not working. The attorney-referee and commission denied Cowart’s claim, and Cowart appealed.
Rule of Law
Issue
Holding and Reasoning (McGehee, C.J.)
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