Mid-City Iron & Metal Co. v. Turner

• Decision Date: 28 March 1929
• Docket Number: 13,473
• Parties: MID-CITY IRON AND METAL COMPANY ET AL. v. TURNER ET AL
• Court: Indiana Appellate Court

165 N.E. 760

89 Ind.App. 38

MID-CITY IRON AND METAL COMPANY ET AL. v. TURNER ET AL

No. 13,473

Court of Appeals of Indiana

March 28, 1929

From Industrial Board of Indiana.

Proceeding under the Workmen's Compensation Act by Nettie Turner and her children for the death of Henry Turner, opposed by the Mid-City Iron and Metal Company, employer, and the Indemnity Insurance Company of North America, insurance carrier. From an award of compensation, the employer and insurer appealed.

Affirmed conditionally.

James E. Rocap and John J. McShane, for appellants.

Henry L. Humrichouser, for appellees.

OPINION

NEAL, J.

Appellees are the widow and children respectively of Henry Turner deceased, who were awarded compensation by the Industrial Board. The finding of the board, in substance, is as follows That on July 19, 1927, said Henry Turner was in the employ of the appellant Mid-City Iron and Metal Company at an average weekly wage of $ 26; that on September 2, 1927, the appellant employer filed with the Industrial Board a report dated August 30, 1927, stating therein "that said Henry Turner received a personal injury by an accident arising out of and in the course of his employment with defendant (Mid-City Iron and Metal Company) and that said Henry Turner ceased work on account of said injury on July 25, 1927; that said report was introduced and read in evidence; that on July 19, 1927, the said Henry Turner received a personal injury by an accident arising out of and in the course of his employment with the appellant employer Mid-City Iron and Metal Company; that, on said date, the appellant Indemnity Insurance Company of North America was the insurance carrier of appellant employer; that, as a result of said injury, the said Henry Turner died on October 3, 1927, and left surviving him the above-named appellees. The Industrial Board awarded compensation in the sum of $ 14.30, in equal shares for a period not exceeding 300 weeks.

Errors relied upon for reversal are as follows: (1) The award is contrary to law; (2) the finding and award are not sustained by sufficient evidence.

Appellants contend that the award is based solely upon the written report of the accident, which was made pursuant to § 67 of the compensation act; that said report was introduced and read in evidence over the objection of appellants; that appellants successfully impeached the report by uncontradicted evidence, therefore the award is contrary to law.

It is well settled that this court will not weigh the evidence and if there is any competent evidence to sustain the award it will not be disturbed on appeal. Standard Coal Co. v. Gallagher (1921), 75 Ind.App. 1, 129 N.E. 482.

The employer's report of the accident was properly admitted in evidence. The admissions made by the employer in said report constituted some evidence that the decedent was in the...