Jones v. Myrtle Desk Co., 690
| Decision Date | 05 May 1965 |
| Docket Number | No. 690,690 |
| Citation | 264 N.C. 401,141 S.E.2d 632 |
| Court | North Carolina Supreme Court |
| Parties | Georg W. JONES, Employee, v. MYRTLE DECK COMPANY, Employer, and Liberty Mutual Insurance Company, Carrier. |
C. T. Kennedy, Thomasville, and Haworth, Riggs, Kuhn & Haworth, High Point, for plaintiff.
Lovelace & Hardin, High Point, for defendants.
Counsel for plaintiff has presented the contentions of his client, both as to the facts and law, with thoroughness, force and competency. These contentions have been fully considered in our review of the record. However, we find nothing which justifies a remand of the cause or a reversal of the judgment below. Review in Supreme Court is limited to questions of law and legal inference. The findings of fact of the Industrial Commission are conclusive on appeal when supported by competent evidence, even though there be evidence that would support findings to the contrary. The record in this case contains competent supporting evidence for each finding of fact. The findings are positive and cover all crucial facts upon which the right to compensation depends. The facts found support the conclusion that plaintiff's injury did not arise out of and in the course of his employment with defendant employer. Bell v. Dewey Brothers, Inc., 236 N.C. 280, 72 S.E.2d 680.
Affirmed.
To continue reading
Request your trial
-
Nay v. Cornerstone Staffing Solutions
..." McRae v. Toastmaster, Inc. , 358 N.C. 488, 496, 597 S.E.2d 695 (2004) (alteration in original) (quoting Jones v. Myrtle Desk Co. , 264 N.C. 401, 402, 141 S.E.2d 632 (1965) ). The Commission's conclusions of law, on the other hand, are subject to de novo review on appeal. Id. ¶ 18 Subsecti......
-
Johnson v. Herbie's Place
...be evidence that would support findings to the contrary.'" Adams, 349 N.C. at 681,509 S.E.2d at 414 (quoting Jones v. Myrtle Desk Co., 264 N.C. 401, 402, 141 S.E.2d 632, 633 (1965)), and that "[i]t is the Commission's duty to judge the credibility of the witnesses and to determine the weigh......
-
Silva v. Lowe's Home Improvement
...529, 531 (1977)). This is true "even though there be evidence that would support findings to the contrary." Jones v. Myrtle Desk Co., 264 N.C. 401, 402, 141 S.E.2d 632, 633 (1965). "The evidence tending to support plaintiff's claim is to be viewed in the light most favorable to plaintiff, a......
-
Pulley v. City of Wilson, No. COA08-716 (N.C. App. 4/7/2009)
...529, 531 (1977)). This is true "even though there be evidence that would support findings to the contrary." Jones v. Myrtle Desk Co., 264 N.C. 401, 402, 141 S.E.2d 632, 633 (1965). "The evidence tending to support plaintiff's claim is to be viewed in the light most favorable to plaintiff, a......