Owens v. Bennett Air Service

Supreme Court of New Jersey

Owens v. Bennett Air Service

51 A.2d 111, 135 N.J.L. 467, 1947 N.J. LEXIS 223

DecidedJanuary 17, 1947

StatusPublished

This text of 51 A.2d 111 (Owens v. Bennett Air Service) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owens v. Bennett Air Service, 51 A.2d 111, 135 N.J.L. 467, 1947 N.J. LEXIS 223 (N.J. 1947).

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Opinion

Per Curiam.

This is an appeal from a judgment of the Supreme Court on ceirtiorari reversing a determination of the Mercer County Court of Common Pleas and awarding compensation to the respondent, an employee of the appellant, Bennett Air Service.

*468 The question in the ease is whether or not the respondent’s admitted injurjr -was the result of an accident arising out of and in the course of his employment. The Supreme Court found as a fact that it was. This court on appeal will not weigh the evidence in a workman’s compensation case, Berman v. Levenstein, 121 N. J. L. 139; Jones v. Court of Common Pleas, 129 Id. 58, but will only examine the record to determine if there was competent evidence upon which the fact finding of the Supreme Court might be based. An examination of the record in this ease reveals that there was such evidence.

We conclude that a factual issue was presented and determined adversely to the appellant in the Supreme Court such as is not subject to review in this court on appeal. The judgment is accordingly affirmed.

For affirmance — The Chancellor, Parker, Donges, Heher, Colie, Wachenfeld, Eastwood, Wells, Rafferty, Dill, Freund, McGeehan, McLean, JJ. 13.

For reversal — None.

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Per Curiam.

This is an appeal from a judgment of the Supreme Court on ceirtiorari reversing a determination of the Mercer County Court of Common Pleas and awarding compensation to the respondent, an employee of the appellant, Bennett Air Service.

*468 The question in the ease is whether or not the respondent’s admitted injurjr -was the result of an accident arising out of and in the course of his employment. The Supreme Court found as a fact that it was. This court on appeal will not weigh the evidence in a workman’s compensation case, Berman v. Levenstein, 121 N. J. L. 139; Jones v. Court of Common Pleas, 129 Id. 58, but will only examine the record to determine if there was competent evidence upon which the fact finding of the Supreme Court might be based. An examination of the record in this ease reveals that there was such evidence.

We conclude that a factual issue was presented and determined adversely to the appellant in the Supreme Court such as is not subject to review in this court on appeal. The judgment is accordingly affirmed.

For affirmance — The Chancellor, Parker, Donges, Heher, Colie, Wachenfeld, Eastwood, Wells, Rafferty, Dill, Freund, McGeehan, McLean, JJ. 13.

For reversal — None.

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Bluebook (online)

51 A.2d 111, 135 N.J.L. 467, 1947 N.J. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-bennett-air-service-nj-1947.