Opinion
6 Div. 788.
January 13, 1955.
Appeal from the Circuit Court of Marion County, Bob Moore, Jr., J.
J. R. Forman, Jr., Burr, McKamy, Moore Tate, Birmingham, for appellants.
In a workmen's compensation proceeding it is mandatory upon the trial court to make in writing a finding of facts and conclusions of law and file the same with the clerk of the court. Failure to do so is reversible error. Code 1940, Tit. 26, § 304. Richardson Lbr. Co. v. Pounders, 254 Ala. 285, 48 So.2d 228; Bass v. Cowikee Mills, 257 Ala. 280, 58 So.2d 589.
Hugo L. Black, Jr., Cooper, Mitch Black, Birmingham, for appellee.
The finding of fact and conclusions prescribed by Code, Tit. 26, § 304, has analogy in the special finding of fact under Code, Tit. 7, § 262. Assignments going to the sufficiency of the trial court's finding under the latter statute will not be considered on appeal where not called to the attention of the trial court. Code 1940, Tit. 7, § 570. Abernathy v. Worthy, 221 Ala. 527, 129 So. 472; Alabama Power Co. v. Sheffield, 232 Ala. 53, 166 So. 797; Garrett v. Brewton, 249 Ala. 440, 31 So.2d 338; Agricola Fur. Co. v. Smith, 239 Ala. 488, 195 So. 743; Gipson v. State, 261 Ala. 477, 75 So.2d 85; Shaw v. Knight, 212 Ala. 356, 102 So. 701; Green v. Marlin, 219 Ala. 27, 121 So. 19; Parrish Coal Co. v. Waid, 21 Ala. App. 593, 110 So. 321; Brush v. Rountree, 33 Ala. App. 227, 32 So.2d 244.
This case involves a petition for certiorari to review a decree in a workmen's compensation proceeding in the circuit court of Marion County, Alabama, wherein the appellee was awarded the sum of $5,634 on his claim that he had contracted the disease of silicosis while in the employment of the appellant. It is admitted that there was no finding of facts by the court filed in this case.
Code of 1940, Title 26, § 304, requires that the court shall file in writing with the clerk a statement of the law and facts and conclusions as determined by the judge. In Richardson Lumber Co. v. Pounders, 254 Ala. 285, 48 So.2d 228, 229, the court said:
"It is the duty of the trial court to make sufficient detailed findings of fact so that the appellate court can determine whether the judgment or award is supported by the facts. If no findings are made by the lower court, it is impossible for this Court to say whether the judgment is supported by the findings of whether there is any evidence to support the findings."
In Bass v. Cowikee Mills, 257 Ala. 280, 58 So.2d 589, 590, we said:
"In the case at bar there was a statutory duty resting on the trial judge to make a findings of fact in accordance with § 304, Title 26, Code of 1940, and where this is not done, the cause must be reversed, when the judgment is in favor of the defendant just as much so as when the judgment is for the plaintiff. * * *"
For the error indicated the judgment of the lower court must be reversed and the cause remanded.
Reversed and remanded. LIVINGSTON, C. J., and LAWSON and STAKELY, JJ., concur.