Searcy v. Branson

116 S.E.2d 175, 253 N.C. 64, 1960 N.C. LEXIS 457

• Court: Supreme Court of North Carolina
• Decided: September 28, 1960
• Docket: 93
• Status: Published

Opinion

DenNY, J.

The appellants insist that the evidence of the plaintiff is insufficient to support the finding that his injury arose out of and in the course of his employment.

Under our practice, if there is any competent evidence to support a finding of fact of the Industrial Commission, such finding is conclusive on appeal, even though there is evidence that would have supported a finding to the contrary. Creighton v. Snipes, 227 N.C. 90, 40 S.E. 2d 612; Rewis v. Ins. Co., 226 N.C. 325, 38 S.E. 2d 97; Kearns v. Furniture Co., 222 N.C. 438, 23 S.E. 2d 310.

In our opinion, there is competent evidence to support the Commission’s crucial findings in this case. The record presents only a factual dispute which we are not permitted to review except to determine whether or not the findings of the Commission are supported by any competent evidence. “The courts are not at liberty to reweigh the evidence and to set aside the findings of the Commission, simply because other inferences could have been drawn and different conclusions might have been reached. Tennant v. R. R., 321 U.S. 35, 88 L. Ed. 525.” Rewis v. Ins. Co., supra.

In the instant case, as in Edwards v. Publishing Co., 227 N.C. 184, 41 S.E. 2d 592, the medical testimony is to the effect that the lifting of the section of tile in the manner described by the plaintiff was, in the opinion of the medical expert, sufficient to have produced his injury. See also Faires v. McDevitt & Street Co., 251 N.C. 194, 110 S.E. 2d 898 and Smith v. Creamery Co., 217 N.C. 468, 8 S.E. 2d 231. The facts in the cases of Hensley v. Cooperative, 246 N.C. 274, 98 S.E. 2d 289; Holt v. Mills Co., 249 N.C. 215, 105 S.E. 2d 614; and Turner v. Hosiery Mills, 251 N.C. 325, 111 S.E. 2d 185 are distinguishable from those herein.

The judgment of the court below is

Affirmed.