Cogdill v. Struck Construction Co.

Court of Appeals of Kentucky (pre-1976)

Cogdill v. Struck Construction Co.

292 S.W. 469, 219 Ky. 58, 1927 Ky. LEXIS 272

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedMarch 18, 1927

StatusPublished

This text of 292 S.W. 469 (Cogdill v. Struck Construction Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cogdill v. Struck Construction Co., 292 S.W. 469, 219 Ky. 58, 1927 Ky. LEXIS 272 (Ky. 1927).

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Opinion

*59 Opinion op the Court by

Judge Rees

— Affirming.

The appellant, claiming that he was suffering from injuries resulting from an accident that arose out of and in the course of his employment with the appellee, filed an application for compensation with the Workmen’s Compensation Board. His application was dismissed by the board on the ground that he had failed to prove that his present disability is the result of injuries received in an accident that arose out of and in the course of his employment with the Struck Construction Company. He appealed to the circuit court and the judgment of the Workmen’s Compensation Board was affirmed.

•The sole question to be determined on this appeal is whether there is any evidence to support the finding of fact of the Workmen’s Compensation Board. Its findings of fact are conclusive on the court if supported by any competent evidence. Wallins Creek Collieries Company v. Cole, 218 Ky. 116, 290 S. W. 1049; Coleman Mining Company v. Wicks, 213 Ky. 134, 280 S. W. 936.

Appellant claims that while working for appellee he was struck just below the ankle by a heavy iron rod in the hands of a fellow workman, who was a negro, and that, the disability from which he is suffering resulted from that accident. The man who was working with him at the time testified that he did not know of appellant being injured and did not hear him complain of any injury. Appellee’s superintendent and (foreman both testified that no negroes were employed 'by appellee at the time appellant claims to have received the injury. Six physicians testified, and several of these who examined plaintiff shortly after he claims to have received the injury testified that in their opinion his disability did not result from any accident occurring at the time claimed by him.

There being some evidence to sustain the board’s finding in this case, it cannot be disturbed.

Judgment affirmed.

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*59 Opinion op the Court by

Judge Rees

— Affirming.

The appellant, claiming that he was suffering from injuries resulting from an accident that arose out of and in the course of his employment with the appellee, filed an application for compensation with the Workmen’s Compensation Board. His application was dismissed by the board on the ground that he had failed to prove that his present disability is the result of injuries received in an accident that arose out of and in the course of his employment with the Struck Construction Company. He appealed to the circuit court and the judgment of the Workmen’s Compensation Board was affirmed.

•The sole question to be determined on this appeal is whether there is any evidence to support the finding of fact of the Workmen’s Compensation Board. Its findings of fact are conclusive on the court if supported by any competent evidence. Wallins Creek Collieries Company v. Cole, 218 Ky. 116, 290 S. W. 1049; Coleman Mining Company v. Wicks, 213 Ky. 134, 280 S. W. 936.

Appellant claims that while working for appellee he was struck just below the ankle by a heavy iron rod in the hands of a fellow workman, who was a negro, and that, the disability from which he is suffering resulted from that accident. The man who was working with him at the time testified that he did not know of appellant being injured and did not hear him complain of any injury. Appellee’s superintendent and (foreman both testified that no negroes were employed 'by appellee at the time appellant claims to have received the injury. Six physicians testified, and several of these who examined plaintiff shortly after he claims to have received the injury testified that in their opinion his disability did not result from any accident occurring at the time claimed by him.

There being some evidence to sustain the board’s finding in this case, it cannot be disturbed.

Judgment affirmed.

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292 S.W. 469, 219 Ky. 58, 1927 Ky. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cogdill-v-struck-construction-co-kyctapphigh-1927.

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