Miller v. Textor Transfer Co.

Superior Court of Pennsylvania

Miller v. Textor Transfer Co.

172 A. 315, 112 Pa. Super. 528, 1934 Pa. Super. LEXIS 76

CourtSuperior Court of Pennsylvania

DecidedApril 20, 1934

DocketAppeal 252

StatusPublished

Cited by2 cases

This text of 172 A. 315 (Miller v. Textor Transfer Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Textor Transfer Co., 172 A. 315, 112 Pa. Super. 528, 1934 Pa. Super. LEXIS 76 (Pa. Ct. App. 1934).

Pincite

Opinion

Per Curiam,

When this case was here before we reversed the judgment because there was no evidence in the case to sustain a finding that the accident from which the *529 employee’s death resulted occurred on November 20th rather than August 31st, or that sufficiently established] the accident on either date as the cause of death. As the insurance carrier on November 20th was not the same as on August 31st, it was necessary that the date on which the accident occurred, which caused the employee’s death, should be established by evidence, satisfactory to the fact finding body, sufficient to sustain a finding.

The case has been reheard. The referee found that the accident in which the employee received the injuries causing his death occurred on November 25, 1929. There is evidence to support the findings. That it conflicted, in some respects, with the evidence given on the previous hearing did not render it incompetent but only affected the credibility of the witnesses. The board on appeal approved the findings of the referee. As it is supported by competent evidence, satisfactory to the fact finding body, the court below could not disturb it, nor can this court.

The judgment is affirmed.

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Per Curiam,

When this case was here before we reversed the judgment because there was no evidence in the case to sustain a finding that the accident from which the *529 employee’s death resulted occurred on November 20th rather than August 31st, or that sufficiently established] the accident on either date as the cause of death. As the insurance carrier on November 20th was not the same as on August 31st, it was necessary that the date on which the accident occurred, which caused the employee’s death, should be established by evidence, satisfactory to the fact finding body, sufficient to sustain a finding.

The case has been reheard. The referee found that the accident in which the employee received the injuries causing his death occurred on November 25, 1929. There is evidence to support the findings. That it conflicted, in some respects, with the evidence given on the previous hearing did not render it incompetent but only affected the credibility of the witnesses. The board on appeal approved the findings of the referee. As it is supported by competent evidence, satisfactory to the fact finding body, the court below could not disturb it, nor can this court.

The judgment is affirmed.

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Bluebook (online)

172 A. 315, 112 Pa. Super. 528, 1934 Pa. Super. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-textor-transfer-co-pasuperct-1934.

Opinion

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