Frady v. Werthan Bag Corp.

2 Citing cases

  1. Strader v. United Family Life

    403 S.W.2d 765 (Tenn. 1966)   Cited 18 times

    Moreover, the Supreme Court does not re-weigh evidence or attempt to see where the preponderance lies on appeal in Workmen's Compensation cases, but will affirm even though the preponderance of the evidence is against the trial judge's or chancellor's finding if that finding is supported by material evidence. Swift Company v. Howard, 186 Tenn. 584, 212 S.W.2d 388 (1948); Atlas Powder Company v. Deister, 197 Tenn. 491, 274 S.W.2d 364 (1952); Frady v. Werthan Bag Corporation, 193 Tenn. 1, 241 S.W.2d 836 (1950); Harriman Manufacturing Company v. Shadden, 197 Tenn. 328, 273 S.W.2d 12 (1954); Shubert v. Steelman, 214 Tenn. 102, 377 S.W.2d 940 (1964). Since the enactment of the Workmen's Compensation Act it has been the rule in this State this Court will not consider any assignment of error in a Workmen's Compensation case which was not made a ground for a motion for a new trial and seasonably brought to the attention of the trial judge, Mashburn v. Ne-Hi Bottling Company, 191 Tenn. 135, 229 S.W.2d 520, 232 S.W.2d 11 (1950); Hyter v. Wheland Company, 207 Tenn. 127, 338 S.W.2d 571 (1960).

  2. Gen. Shale Prod. Corp. v. Casey

    303 S.W.2d 736 (Tenn. 1957)   Cited 19 times

    The rule as to admission of the evidence of these experts was set forth in Sanders v. Blue Ridge Glass Corp., 161 Tenn. 535, 33 S.W.2d 84, and the weight to be given this testimony is as just above said. The rule that we were just talking about was applied in Frady v. Werthan Bag Corp., 193 Tenn. 1, 241 S.W.2d 836, (relied on by the appellants here) because in that case the trier of facts found that the experts were right — that the man did not have silicosis — and the employee appealed and we merely affirmed because the trier of facts had found those things and we were bound thereby. What we were just talking about is the general rule in States having a provision of the compensation act as we have.