From Casetext: Smarter Legal Research

Glanton v. Shafto

Court of Errors and Appeals
Sep 27, 1945
44 A.2d 104 (N.J. 1945)

Opinion

Submitted May 25, 1945 —

Decided September 27, 1945.

On appeal from the Supreme Court, whose opinion is reported in 132 N.J.L. 474.

For the appellant, Joseph F. Mattice.

For the respondent, Durand, Ivins Carton ( Robert V. Carton, of counsel).


We are asked to review the evidence to determine whether appellant has proved disability flowing from an accident which arose out of and in the course of his employment. R.S. 34:15-7, et seq. The Supreme Court resolved the issue in the negative. The question is purely factual; the issue turns upon the credit to be given to sharply conflicting medical testimony as to the origin and cause of appellant's physical disability. It is fundamental that findings of fact made by the Supreme Court on conflicting evidence, or on uncontroverted evidence reasonably susceptible of divergent inferences, are conclusive on error. Mixon v. Kalman, 133 N.J.L. 113 .

The judgment is accordingly affirmed.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, CASE, BODINE, DONGES, HEHER, PERSKIE, OLIPHANT, WELLS, RAFFERTY, DILL, FREUND, McGEEHAN, JJ. 13.

For reversal — None.


Summaries of

Glanton v. Shafto

Court of Errors and Appeals
Sep 27, 1945
44 A.2d 104 (N.J. 1945)
Case details for

Glanton v. Shafto

Case Details

Full title:CHARLES GLANTON, DEFENDANT-APPELLANT, v. JOSEPH A. SHAFTO…

Court:Court of Errors and Appeals

Date published: Sep 27, 1945

Citations

44 A.2d 104 (N.J. 1945)
44 A.2d 104