Girard's Case

Supreme Judicial Court of Maine

Girard's Case

128 A. 920, 124 Me. 444, 1925 Me. LEXIS 32

DecidedApril 23, 1925

StatusPublished

This text of 128 A. 920 (Girard's Case) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Girard's Case, 128 A. 920, 124 Me. 444, 1925 Me. LEXIS 32 (Me. 1925).

Pincite

Opinion

Workman’s compensation case, heard before the Chairman of the Industrial Accident Commission. Compensation was denied and the petitioner appealed from the decree. The controversy resolves itself into one of fact, although the petitioner claims that the undisputed testimony points to but one conclusion, one favorable to himself, hence the issue becomes one of law, and not of fact, and as such should be overthrown by the court.

After careful examination of the record we are of opinion that there is sufficient testimony, from which natural and reasonable inferences may be drawn, to justify the finding of the Chairman; that no fraud to exist; and that under the statutory rule of finality of decision upon questions of fact by the Chairman the mandate must- be, Appeal dismissed. Decree below affirmed. No costs awarded.

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Workman’s compensation case, heard before the Chairman of the Industrial Accident Commission. Compensation was denied and the petitioner appealed from the decree. The controversy resolves itself into one of fact, although the petitioner claims that the undisputed testimony points to but one conclusion, one favorable to himself, hence the issue becomes one of law, and not of fact, and as such should be overthrown by the court.

After careful examination of the record we are of opinion that there is sufficient testimony, from which natural and reasonable inferences may be drawn, to justify the finding of the Chairman; that no fraud to exist; and that under the statutory rule of finality of decision upon questions of fact by the Chairman the mandate must- be, Appeal dismissed. Decree below affirmed. No costs awarded.

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Bluebook (online)

128 A. 920, 124 Me. 444, 1925 Me. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/girards-case-me-1925.