Dorion v. Fed. Shipbldg. & Dry Dock Co.

• Decision Date: 13 May 1948
• Docket Number: No. 23.,23.
• Citation: 59 A.2d 9,137 N.J.L. 185
• Parties: DORION v. FEDERAL SHIPBUILDING & DRY DOCK CO.
• Court: New Jersey Supreme Court

137 N.J.L. 185

59 A.2d 9

DORION

v.FEDERAL SHIPBUILDING & DRY DOCK CO.

No. 23.

Court of Errors and Appeals of New Jersey.

May 13, 1948.

Appeal from Supreme Court.

Proceeding under the Workmen's Compensation Act by George Dorion, claimant, opposed by Federal Shipbuilding & Dry Dock Company, employer, to recover compensation for total and permanent disbility. From a judgment of the Supreme Court, 136 N.J.L. 302, 55 A.2d 776, which reversed a judgment of the court of common pleas, 52 A.2d 551, 25 N.J.Misc. 249, dismissing the claim on employer's appeal from judgment of Workmen's Compensation Bureau awarding compensation, the employer appeals.

Judgment of Supreme Court affirmed.

Stryker, Tams & Horner, of Newark (William L. Dill, Jr., of Newark, of counsel), for appellant.

Isaac W. Seiler, of Bayonne (Aaron Gordon, of Jersey City, of counsel), for respondent.

PER CURIAM.

We are asked to review the evidence to determine whether appellant has proved disability flowing from an accident which arose out of and in he course of his employment. R.S. 34:15-7 et seq., N.J.S.A. The Supreme Court resolved the issue in the affirmative. The question is purely factual; the issue turns upon the credit to be given to sharply conflicting medical testimony as to the origin and cause of appellant's physical disability. It fundamental that findings of fact made by the Supreme Court on conflicting evidence, or on uncontroverted evidence reasonably susceptible of divergent inferences, are conclusive on error. Mixon v. Kalman, 133 N.J.L. 113, 42 A.2d 309.

The judgment is accordingly affirmed.

For affirmance: THE CHANCELLOR, THE CHIEF JUSTICE, and Justices DONGES, COLIE, EASTWOOD, and BURLING, and Judges WELLS, FREUND, McLEAN, and SCHETTINO-10.

For reversal: None.