Ex parte Jagger Coal Co.
Decision Date | 17 January 1924 |
Docket Number | 6 Div. 13. |
Parties | EX PARTE JAGGER COAL CO. v. LIGE ET AL. JAGGER COAL CO. |
Court | Alabama Supreme Court |
Rehearing Denied Feb. 7, 1924.
Certiorari to Circuit Court, Jefferson County; John Denson, Judge.
Original petition of the Jagger Coal Company for certiorari to the circuit court of Jefferson county to review the judgment and finding of said court in a proceeding under the Workmen's Compensation Act by Henry Lige and others against the Jagger Coal Company. Writ denied.
T. A Saulsbury, of Birmingham, for petitioner.
James S. Edson, of Montgomery, and Lange & Simpson, of Birmingham opposed.
The petition is for certiorari, and presents for review the several questions we shall consider.
The first assignment of error challenges the sufficiency of the decree of the trial court, in that it did not "contain a statement of the law and facts and conclusions as determined by the judge" in compliance with the procedure prescribed by statute in "cases of dispute," etc Gen. Acts 1919, p. 227, § 28. The provisions of the statute were considered in Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803, and it was declared that "conclusions of the judge supported by any of the evidence or in the application of the law to disputed facts" would not be reviewed; and it has been further declared by this court that no technical questions as to the admissibility of evidence will be considered. Ex parte Thomas, 209 Ala. 276, 96 So. 233. In Ex parte Sloss-Sheffield S. & I. Co. (Greek's Case) 207 Ala. 219, 92 So. 458, the provisions of sections 21 and 28 of the Workmen's Compensation Act (Gen. Acts 1919, p. 227) were again reviewed, and it was there declared:
In the later cases of Ex parte Louisville & N. R. Co., 208 Ala. 216, 94 So. 289, Ex parte Thomas, 209 Ala. 276, 96 So. 233, Ex parte Mt. Carmel Coal Co. (Miller's Case) 209 Ala. 519, 96 So. 626, and Ex parte Shaw, 97 So. 694, it was held that if the recitals of special findings of fact in proceedings under the Workmen's Compensation Act are too meager or omissive to inform the court of review in respect of the entire circumstances having relation to the point in contest, the bill of exceptions will be considered along with the finding of facts.
The special findings of the trial judge are sufficient compliance with the provisions indicated of sections 21 and 28 of the Workmen's Compensation Act. It is not necessary that we have recourse to the bill of exceptions exhibited in the return to certiorari. Ex parte Mt. Carmel Coal Co. (Miller's Case) 209 Ala. 519, 96 So. 626.
Under the American compensation statutes, it is held that, except with regard to those dependents who are by the express provisions of the statute conclusively presumed to be dependents (Ex parte Thomas, 209 Ala. 276, 96 So. 233; Ex parte Central I. & C. Co. [Pennington's Case] 209 Ala. 22, 24, 95 So. 472) the questions of total or partial dependency and the amounts of the award (within the limitations of the statute) are questions of fact , and so also is the amount or amounts of compensation a question of fact .
The finding of facts of the judge in compliance of last cited provisions of the statute is:
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Woodward Iron Co. v. Vines
... ... 251, 82 So. 519; Woodward Iron ... Co. v. Bradford, 206 Ala. 447, 90 So. 803; Ex parte ... Jagger Coal Co., 211 Ala. 11, 99 So. 99; Ex parte ... Sloss-Sheffield S. & I. Co. (Greek's ... ...
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Gulf States Steel Co. v. Griffin
...Iron Co., 212 Ala. 220, 102 So. 103) except by the rule obtaining (Ex parte Paramount Coal Co. [ Ala.Sup.] 104 So. 753; Ex parte Jagger Coal Co., 211 Ala. 11, 99 So. 99; parte Mt. Carmel Coal Co., 209 Ala. 519, 96 So. 626; Ex parte Sloss-Sheffield S. & I. Co. [ Greek's Case], 207 Ala. 219, ......
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Ex parte Big Four Coal Mining Co.
... ... 920; Code 1923, §§ 7568, 7569; Gen.Acts 1919, §§ 19, 20, p ... The ... office of a bill of exceptions in such case has been fully ... defined by this court. Ex parte Paramount Coal Co., 104 So ... 753; Ex parte L. & N.R. Co., 208 Ala. 216, 94 So. 289; Ex ... parte Jagger Coal Co., 211 Ala. 11, 99 So. 99; Ex parte Mt ... Carmel Coal Co. 209 Ala. 519, 96 So. 626. A total lack of ... evidence on the trial to support the finding of a material ... fact becomes a question of law. Ex parte Sloss-Sheffield S. & ... I. Co., 207 Ala. 219, 92 So. 458; Ex parte Jagger ... ...