Richmond D. Co. v. Industrial Acc. Comm.

California Court of Appeal

Richmond D. Co. v. Industrial Acc. Comm.

164 P.2d 407, 164 P. 407, 33 Cal. App. 97, 1917 Cal. App. LEXIS 155

CourtCalifornia Court of Appeal

DecidedFebruary 26, 1917

DocketCiv. No. 2095.

StatusPublished

This text of 164 P.2d 407 (Richmond D. Co. v. Industrial Acc. Comm.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richmond D. Co. v. Industrial Acc. Comm., 164 P.2d 407, 164 P. 407, 33 Cal. App. 97, 1917 Cal. App. LEXIS 155 (Cal. Ct. App. 1917).

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Opinion

The petitioner, in support of its contention that the award made by the Industrial Accident Commission in this case should be annulled, argues that the evidence points all one way, viz., against the conclusion arrived at by the commission, and that there is no evidence in the record upon which its award can be based. We are of the opinion, however, that there is a conflict in the circumstantial evidence upon which this award is founded; and while we feel that the commission might with propriety have reached a conclusion diametrically opposed to the one arrived at by it, and probably would have found stronger reasons in support thereof in the circumstantial evidence relied upon by the petitioner, nevertheless having made its finding upon what we conceive to be a fairly substantial conflict in such evidence, we do not see how we can interfere with the award, and for that reason the writ is dismissed and the award affirmed.

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The petitioner, in support of its contention that the award made by the Industrial Accident Commission in this case should be annulled, argues that the evidence points all one way, viz., against the conclusion arrived at by the commission, and that there is no evidence in the record upon which its award can be based. We are of the opinion, however, that there is a conflict in the circumstantial evidence upon which this award is founded; and while we feel that the commission might with propriety have reached a conclusion diametrically opposed to the one arrived at by it, and probably would have found stronger reasons in support thereof in the circumstantial evidence relied upon by the petitioner, nevertheless having made its finding upon what we conceive to be a fairly substantial conflict in such evidence, we do not see how we can interfere with the award, and for that reason the writ is dismissed and the award affirmed.

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Bluebook (online)

164 P.2d 407, 164 P. 407, 33 Cal. App. 97, 1917 Cal. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richmond-d-co-v-industrial-acc-comm-calctapp-1917.