Lebits v. Gen. Cable Corp.
| Decision Date | 02 February 1934 |
| Docket Number | No. 33.,33. |
| Parties | LEBITS v. GENERAL CABLE CORPORATION. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Proceeding under the Workmen's Compensation Act by Joseph Lebits, claimant, opposed by the General Cable Corporation, employer. From a judgment affirming an order refusing compensation, claimant appeals.
Affirmed.
Paul C. Kemeny, of Perth Amboy, for appellant.
A. J. & J. S. Wight of Perth Amboy (Andrew J. Wight, of Perth Amboy, of counsel), for respondent.
Appellant filed a petition under the Workmen's Compensation Act (Comp. St Supp. § **236—1 et seq.), claiming that he sustained an injury to (his leg on August 26, 1931, while serving his employer. The deputy commissioner concluded that the proofs failed to establish that appellant sustained injury as the result of an accident which arose out of and in the course of his employment, and awarded judgment to respondent. Mr. Justice Case reviewed this judgment by certiorari, and reached the same conclusion. We are asked, in effect, to review the evidence. Suffice it to say that the finding of the Supreme Court, on conflicting evidence, that appellant did not suffer injury by accident arising out of and in the course of his employment, is one that under well-established principles is not reviewable here. Judgment affirmed, with costs.
For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices TRENCHARD, PARKER, LLOYD, BODINE, DONGE'S, HEIIER, and PERSKIE, and Judges KAYS, HETFIELD, DEAR, WELLS, and DILL—14.
For reversal: None.
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...or on uncontroverted evidence reasonably susceptible of divergent inferences, are not reviewable on error. Lebits v. General Cable Corporation, 112 N.J.L. 381, 170 A. 612; Kovalchuck v. Simpson & Brown, 117 N.J.L. 400, 189 A. 89. Where the witnesses of proved experiential capacity differ as......
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...in this court on appeal and will not be reversed. Helminsky v. Ford Motor Company, 111 N.J.L. 369, 168 A. 420; Lebits v. General Cable Corporation, 112 N.J.L. 381, 170 A. 612; Kovalchuck v. Simpson & Brown, 117 N.J.L. 400, 189 A. The Supreme Court in the instant case reviewed the evidence a......
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