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W. P. Brown Sons Lumber Co. v. Yarbrough

Court of Appeals of Alabama
Nov 9, 1937
176 So. 835 (Ala. Crim. App. 1937)

Opinion

6 Div. 136.

October 5, 1937. Rehearing Denied November 9, 1937.

Certiorari to Circuit Court, Lamar County; R. L. Blanton, Judge.

Proceeding under Workmen's Compensation Act by Leslie Yarbrough against W. P. Brown Sons Lumber Company. Judgment awarding compensation, and the employer brings certiorari.

Certiorari denied; judgment affirmed.

Oliver E. Young, of Vernon, and S. T. Wright, of Fayette, for appellant.

Wilson Kelley, of Vernon, for appellee.


This is the second application for certiorari in this case. The first is reported in ante, p. 229, 169 So. 337.

At the second trial, additional evidence was introduced. The trial court found as a fact that Leslie Yarbrough was employed by W. P. Brown Sons Lumber Company at the time he was injured. The only question before us on this issue, which is the principal matter of controversy, is whether there was any legal evidence to support the findings of fact by the trial court. We have carefully reviewed the record and the opinion of the trial court which clearly analyzes the testimony. The opinion here prevails that there is legal evidence in the record, which is set out in the opinion of the court below, that is sufficient to support the conclusion reached. We are not called upon to weigh conflicting evidence in this proceeding. Other questions raised do not substantially affect the conclusion reached by the trial court.

Certiorari denied; judgment affirmed.


Summaries of

W. P. Brown Sons Lumber Co. v. Yarbrough

Court of Appeals of Alabama
Nov 9, 1937
176 So. 835 (Ala. Crim. App. 1937)
Case details for

W. P. Brown Sons Lumber Co. v. Yarbrough

Case Details

Full title:W. P. BROWN SONS LUMBER CO. v. YARBROUGH

Court:Court of Appeals of Alabama

Date published: Nov 9, 1937

Citations

176 So. 835 (Ala. Crim. App. 1937)
27 Ala. App. 595