Kovalchuck v. Simpson & Brown, 68.

• Decision Date: 22 January 1937
• Docket Number: No. 68.,68.
• Citation: 189 A. 89
• Parties: KOVALCHUCK et al. v. SIMPSON & BROWN.
• Court: New Jersey Supreme Court

189 A. 89

KOVALCHUCK et al.

v. SIMPSON & BROWN.

No. 68.

Court of Errors and Appeals of New Jersey.

Jan. 22, 1937.

Appeal from Supreme Court.

Proceeding under the Workmen's Compensation Act by Elena Kovalchuck and others for the death of an employee, opposed by Simpson & Brown, employer. From a judgment of the Supreme Court affirming a judgment in favor of the employer, the claimants appeal.

Affirmed.

David Roskein, of Newark (John A. Laird, of Newark, of counsel), for appellants.

William P. Braun, of Newark, for respondent.

PER CURIAM.

This is a proceeding under the Workmen's Compensation Act (Comp.St.Supps. § **236—1 et seq.). The question at issue is whether the death of the employee was the result of an accident arising out of and in the course of his employment. The bureau, the court of common pleas, and the Supreme Court resolved this question in favor of the employer. We find it unnecessary to review the evidence. Suffice it to say that where, as here, the testimony is susceptible of conflicting inferences, the findings of fact by the Supreme Court are conclusive on appeal. Judgment affirmed.

For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices TRENCHARD, CASE, BODINE, HEHER, and PERSKIE, and Judges HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, and COLE—13.

For reversal: None.