Adams' Case

2 Citing cases

  1. Gooldrup v. Scott Paper Co.

    140 A.2d 765 (Me. 1958)   Cited 2 times
    In Gooldrup v. Scott Paper Co., et al., 154 Me. 1, 140 A.2d 765, we upheld the decision that compensation was properly suspended on June 29, 1956. No point was made that the petition was dated July 6, filed July 9, 1956, and decision was made on June 17, 1957.

    The sufficiency of the evidence will not be passed upon, but it must be competent and have probative force. Williams' Case, 122 Me. 477, 120 A. 620; Adams' Case, 124 Me. 295, 128 A. 191; * * *."

  2. Robitaille's Case

    34 A.2d 473 (Me. 1943)   Cited 24 times

    The sufficiency of the evidence will not be passed upon, but it must be competent and have probative force. Williams' Case, 122 Me. 477, 120 A. 620; Adams' Case, 124 Me. 295, 128 A. 191; Mailman's Case, supra; Westman's Case, supra. If the findng is against the moving party it must appear that evidence in favor of the moving party was not, in the minds of the Commission, sufficient to sustain the burden of proof against the evidence of the defendant, or that there is absence of any evidence in favor of the moving party, in which situation it matters not whether there be evidence in favor of the defendant, for it is a principle applicable to all judicial proceedings that total lack of evidence in favor of the moving party will entitle the defendant to a decision in his favor, a principle too elemental to require citation of authority. Upon either finding by the Commission, in favor or against the moving party, if it is apparent that the Commission has disregarded evidence which has probative force in favor of the party against whom the decision has been rendered, the decision will be set aside.