Garriss v. Hines Bros. Lumber Co.
This text of 164 S.E. 751 (Garriss v. Hines Bros. Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Tbe evidence was conflicting. The law has established the Industrial Commission as a tribunal to find the facts in compensation cases. This Court has consistently held in accordance with the statute that, if there is any competent evidence to support the findings of fact made by the Commission, such findings are binding"'upon the appellate courts. Consequently the judgment is affirmed.
*149 In May, 1932, the plaintiff filed a petition for a new trial for newly discovered evidence. An examination of the proposed evidence, however, discloses that it corroborates certain witnesses for the plaintiff and contradicts certain other testimony. Hence the petition for a new trial does not meet the tests prescribed by law in such cases. Pridgen v. R. R., ante, 62.
Petition for new trial, denied.
Judgment of the Superior Court, affirmed.
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Cite This Page — Counsel Stack
164 S.E. 751, 203 N.C. 148, 1932 N.C. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garriss-v-hines-bros-lumber-co-nc-1932.