Wright v. Peabody Coal Co., 17591.
Decision Date | 30 September 1947 |
Docket Number | No. 17591.,17591. |
Citation | 74 N.E.2d 744 |
Parties | WRIGHT v. PEABODY COAL CO. |
Court | Indiana Appellate Court |
Appeal from Industrial Board.
On petition for rehearing.
Petition denied.
For former opinion, see 73 N.E.2d 692.
Pigg & Tennis, of Sullivan, for appellant.
Frank J. Crawford, of Terre Haute, for appellee.
Upon petition for rehearing our attention has been called to the case of Cole v. Sheehan Construction Co., 1944, 222 Ind. 274, 53 N.E.2d 172, and International Detrola Corporation v. Hoffman, Ind.Sup., 1947, 70 N.E.2d 844, wherein the Supreme Court held that it was within the exclusive province of the Industrial Board to find all the essential facts and that upon appeal this court cannot find any essential fact not found by the Industrial Board.
In each of the above mentioned cases the Industrial Board had failed to find an essential ultimate fact, and the Supreme Court held that this court could not supply such omission but was required to reverse the award and remand the cause with specific directions to find all essential facts and enter an award thereon. In the instant case the Industrial Board did find all essential ultimate facts and made an award thereon, and upon appeal we held that such finding of facts was contrary to law because the undisputed evidence inescapably leads to the opposite conclusion. Because of the difference in the facts between the cases above cited and the case before us, we hold that said authorities are not controlling herein.
Furthermore, we believe, and so hold, that in cases like the instant case, where upon appeal we hold that the findings of fact by the Industrial Board are contrary to law for the reason that such findings are not sustained by sufficient evidence, it is our duty to reverse the award with directions to find the facts in accordance with our opinion and enter an award based thereon.
Therefore, we adhere to our original opinion, and the petition for rehearing is denied.
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