Garden City Heading Co. v. Thomas

Supreme Court of Alabama

Garden City Heading Co. v. Thomas

142 So. 534, 225 Ala. 273, 1932 Ala. LEXIS 408

CourtSupreme Court of Alabama

DecidedMay 19, 1932

Docket6 Div. 79.

StatusPublished

Cited by3 cases

This text of 142 So. 534 (Garden City Heading Co. v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garden City Heading Co. v. Thomas, 142 So. 534, 225 Ala. 273, 1932 Ala. LEXIS 408 (Ala. 1932).

Pincite

Opinion

ANDERSON, O. J.

The right of the plaintiff to com> pensation is not questioned by this petitioner, the Heading Company, but it is insisted that the allowance was excessive, first, that the trial court erroneously found that the impairment of the use of the arm was 50 per cent.; and; second, in fixing the amount of the plaintiff’s previous earnings. We may concede that the weight of the evidence supports the petitioner’s contention, but the question, in cases of this character, is not where lies the- weight of the evidence, but is there any evidence or reasonable inference in support of the finding or conclusion of the trial court? Greek v. Sloss-Sheffield Steel & Iron Co., 207 Ala. 219, 92 So. 458. It is sufficient to say that, while the medical men testified on the trial that the use of the arm was impaired from 20 to 40 per cent., two of them had given previous statements that the injury was as high as 75 per cent., and the conclusion of the trial court that the extent of the injury was 50 per cent, finds support in the evidence. It may also be noted that, while the time sheets and earnings as set out upon the trial may have shown that the plaintiff had not earned as much as $15 per week for the year preceding the injury, yet the manager of the defendant, Kinser, reported to the "Workmen’s Compensation Commission” that the average weekly earnings of the plaintiff for the past fifty-two weeks was $15 a week, and this was a fact or inference to support the finding of the trial court.

The writ is denied, and the judgment of the circuit court is affirmed.,

GARDNER, BOULDIN, and POSTER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ANDERSON, O. J.

The right of the plaintiff to com> pensation is not questioned by this petitioner, the Heading Company, but it is insisted that the allowance was excessive, first, that the trial court erroneously found that the impairment of the use of the arm was 50 per cent.; and; second, in fixing the amount of the plaintiff’s previous earnings. We may concede that the weight of the evidence supports the petitioner’s contention, but the question, in cases of this character, is not where lies the- weight of the evidence, but is there any evidence or reasonable inference in support of the finding or conclusion of the trial court? Greek v. Sloss-Sheffield Steel & Iron Co., 207 Ala. 219, 92 So. 458. It is sufficient to say that, while the medical men testified on the trial that the use of the arm was impaired from 20 to 40 per cent., two of them had given previous statements that the injury was as high as 75 per cent., and the conclusion of the trial court that the extent of the injury was 50 per cent, finds support in the evidence. It may also be noted that, while the time sheets and earnings as set out upon the trial may have shown that the plaintiff had not earned as much as $15 per week for the year preceding the injury, yet the manager of the defendant, Kinser, reported to the "Workmen’s Compensation Commission” that the average weekly earnings of the plaintiff for the past fifty-two weeks was $15 a week, and this was a fact or inference to support the finding of the trial court.

The writ is denied, and the judgment of the circuit court is affirmed.,

GARDNER, BOULDIN, and POSTER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

142 So. 534, 225 Ala. 273, 1932 Ala. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garden-city-heading-co-v-thomas-ala-1932.

Opinion

Related

Cite This Page — Counsel Stack