Scobey v. Southern Lumber Co., 4-9441.
| Decision Date | 26 March 1951 |
| Docket Number | No. 4-9441.,4-9441. |
| Citation | 243 S.W.2d 754 |
| Parties | SCOBEY v. SOUTHERN LUMBER CO. |
| Court | Arkansas Supreme Court |
Dissenting opinion.
For majority opinion, see 238 S.W.2d 640.
Insofar as I have been able to ascertain, the decision in favor of appellants stands alone as a judicial finding of fact that dust aggravates lung cancer and hastens death— a finding that clashes head-on with the frank admissions of medical men the world over who say they do not know what causes cancer, but are groping scientifically to find the answer and to determine what irritation affects it. Seemingly this court's majority is the only agency holding the heretofore undisclosed key. I would permit the Commission to be the finders of facts, just as the Bradley Circuit Court did.
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14 cases
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Parker v. Employers Mut. Liability Ins. Co. of Wis., B--529
...from the claimant to the employer in workmen's compensation cases. Scobey v. Southern Lumber Co., 218 Ark. 671, 238 S.W.2d 640, 243 S.W.2d 754 (1951); Royal Indem. Co. v. Land, 45 Ga.App. 293, 164 S.E. 492 (1932). Other states rely upon an implicit statutory presumption, as in Besner v. Wal......
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Farmer v. L.H. Knight Co.
...v. Athletic, Mining & Smelting Co., 218 Ark. 379, 237 S.W.2d 26; and Scobey v. Southern Lumber Co., 218 Ark. 671, 238 S.W.2d 640, 243 S.W.2d 754. (1) Now as to the first group of cases: i. e., where the Commission allowed recovery and we affirmed,--a study shows that the Commission allowed ......
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C. & B. Const. Co. v. Roach
...the holding in such cases as Triebsch v. Athletic, 218 Ark. 379, 237 S.W.2d 26; and Scobey v. Southern, 218 Ark. 671, 238 S.W.2d 640, 243 S.W.2d 754. Therefore, the judgment of the Circuit Court is reversed, and the decision of the Workmen's Compensation Commission is reinstated and The CHI......
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Brown Shoe Co. v. Fooks
...substances may properly be said to be accidental.'' Likewise, in the case of Scobey v. Southern Lumber Co., 218 Ark. 671, 238 S.W.2d 640, 243 S.W.2d 754, the worker suffered a disability by inhaling emery dust which caused him to die of cancer of the lungs. There was no trauma in the sense ......
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