Johnson v. Erwin Cotton Mills Co.

Supreme Court of North Carolina

Johnson v. Erwin Cotton Mills Co.

59 S.E.2d 828, 232 N.C. 321, 1950 N.C. LEXIS 504

CourtSupreme Court of North Carolina

DecidedJune 9, 1950

Docket739

StatusPublished

Cited by3 cases

This text of 59 S.E.2d 828 (Johnson v. Erwin Cotton Mills 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.

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Johnson v. Erwin Cotton Mills Co., 59 S.E.2d 828, 232 N.C. 321, 1950 N.C. LEXIS 504 (N.C. 1950).

Pincite

Opinion

'DeviN, J.

Claimant’s evidence standing alone would have been sufficient to have warranted the Industrial Commission in finding that she suffered an injury by accident arising out of and in the course of her employment, compensable under the "Workmen’s Compensation Act, in accord with the decision in Edwards v. Publishing Co., 227 N.C. 184, 41 S.E. 2d 592. The claimant strongly urged that findings should have been made in favor of compensation based upon her testimony. But upon all the evidence adduced the Commission reached the contrary conclusion, áád"'*this was affirmed by the judgment of the Superior Court, applying the principle stated in Slade v. Hosiery Mills, 209 N.C. 823, 184 S.E. 844; and Neely v. Statesville, 212 N.C. 365, 193 S.E. 664. As the statute makes the Commission the fact finding body and its determination conclusive if supported by competent evidence, the only question presented by this appeal is whether there was any evidence reasonably "tending to support the result here reached.

After a review of the entire record and the evidence properly considered by the Commission, we are of opinion that the findings and conclusions of the Commission were supported by evidence and are binding upon the court. The evidence permits the inferences therefrom which were drawn by the Commission, though other inferences appear equally plausible. Re wis v. Ins. Co., 226 N.C. 325, 38 S.E. 2d 97. The courts are not at' liberty to reweigh the evidence because different conclusions might have been reached. Tenant v. Peoria & Pekin Union R. Co., 321 U.S. 35.

The judgment of the Superior Court is

Affirmed.

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'DeviN, J.

Claimant’s evidence standing alone would have been sufficient to have warranted the Industrial Commission in finding that she suffered an injury by accident arising out of and in the course of her employment, compensable under the "Workmen’s Compensation Act, in accord with the decision in Edwards v. Publishing Co., 227 N.C. 184, 41 S.E. 2d 592. The claimant strongly urged that findings should have been made in favor of compensation based upon her testimony. But upon all the evidence adduced the Commission reached the contrary conclusion, áád"'*this was affirmed by the judgment of the Superior Court, applying the principle stated in Slade v. Hosiery Mills, 209 N.C. 823, 184 S.E. 844; and Neely v. Statesville, 212 N.C. 365, 193 S.E. 664. As the statute makes the Commission the fact finding body and its determination conclusive if supported by competent evidence, the only question presented by this appeal is whether there was any evidence reasonably "tending to support the result here reached.

After a review of the entire record and the evidence properly considered by the Commission, we are of opinion that the findings and conclusions of the Commission were supported by evidence and are binding upon the court. The evidence permits the inferences therefrom which were drawn by the Commission, though other inferences appear equally plausible. Re wis v. Ins. Co., 226 N.C. 325, 38 S.E. 2d 97. The courts are not at' liberty to reweigh the evidence because different conclusions might have been reached. Tenant v. Peoria & Pekin Union R. Co., 321 U.S. 35.

The judgment of the Superior Court is

Affirmed.

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59 S.E.2d 828, 232 N.C. 321, 1950 N.C. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-erwin-cotton-mills-co-nc-1950.

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