Gould v. North Carolina State Highway & Public Works Commission

95 S.E.2d 910, 245 N.C. 350, 1957 N.C. LEXIS 566

• Court: Supreme Court of North Carolina
• Decided: January 11, 1957
• Docket: 458
• Status: Published

Opinions

WiNBORNE, C. J.

A careful reading of the record and case on appeal, here presented, reveals evidence from which the findings of fact made by the Deputy Hearing Commissioner and by the Full Commission clearly appear, or may be fairly inferred. The conclusions of law follow as a matter of course. Therefore elaboration of the evidence, and discussion of legal principles seem unnecessary.

And while there is a motion in this cause to dismiss the appeal for failure of appellant to comply with our rules as to assignments of error, which motion is not without merit, we have concluded that the appeal should be disposed of as hereinabove indicated — rather than by dismissal.

Hence, after giving due consideration to the record and case on appeal as presented, the judgment from which appeal is taken is

Affirmed.

JOHNSON, J., not sitting.