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Wehrle v. Sherwin-Williams Co.

Court of Errors and Appeals
Apr 25, 1946
46 A.2d 777 (N.J. 1946)

Opinion

Submitted February 15, 1946 —

Decided April 25, 1946.

On appeal from the Supreme Court, whose opinion is reported in 133 N.J.L. 347.

For the appellant. William F. Nies and William L. Vieser.

For the respondent, John W. Taylor.


Appellant's decedent died of a long standing cardiovascular disease. There was no thrombosis. The Supreme Court found that there was no causal relationship between the death and the employment. The theory of appellant is that but one conclusion is permissible on the evidence, viz.: that the employment was a contributing factor to the fatal attack. But the evidence at best is subject to conflicting inferences; and it is elementary that findings of fact on conflicting evidence, or on uncontroverted evidence reasonably susceptible of conflicting inferences, are conclusive on error.

The judgment is accordingly affirmed.

For affirmance — THE CHANCELLOR, PARKER, DONGES, HEHER, COLIE, OLIPHANT, WELLS, RAFFERTY, FREUND, McGEEHAN, JJ. 10.

For reversal — DILL, J. 1.


Summaries of

Wehrle v. Sherwin-Williams Co.

Court of Errors and Appeals
Apr 25, 1946
46 A.2d 777 (N.J. 1946)
Case details for

Wehrle v. Sherwin-Williams Co.

Case Details

Full title:MINNIE WEHRLE, PETITIONER-APPELLANT, v. SHERWIN-WILLIAMS COMPANY…

Court:Court of Errors and Appeals

Date published: Apr 25, 1946

Citations

46 A.2d 777 (N.J. 1946)
46 A.2d 777