(DOWNLOAD) "Stevens v. Southern Railway Co." by Supreme Court of North Carolina " eBook PDF Kindle ePub Free
eBook details
- Title: Stevens v. Southern Railway Co.
- Author : Supreme Court of North Carolina
- Release Date : January 25, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The Superior Court judgment was based on the courts conclusion as a matter of law that the evidence was insufficient to support a finding that the claimant suffered an injury by accident arising out of and in the course of his employment. It is the duty of the court to determine whether, in any reasonable view of the evidence, it is sufficient to support the critical findings necessary to permit an award of compensation. The court does not weigh the evidence. That is the function of the Commission. If there is any evidence of substance which directly, or by reasonable inference, tends to support the findings, the courts are bound by them, "even though there is evidence that would have supported a finding to the contrary." Searcy v. Branson, 253 N.C. 64, 116 S.E.2d 175. The rule is simple. The difficulty arises in its application to cases in that twilight zone between what is clearly sufficient and what is clearly insufficient. This is such a case.