Hall v. W. A. Davis Milling Co.

The principal question for decision is whether, under the facts presented, Judge Crissman had authority to grant plaintiff’s motion for a rehearing by the Industrial Commission on the grounds of newly discovered evidence. We hold that he had such authority.

In McCulloh v. Catawba College, 266 N.C. 513, 146 S.E. 2d 467, Sharp, J., speaking for the Supreme Court, said:

After an appeal from an award of the Industrial Commission has been duly docketed in the Superior Court, the judge “has the power in a proper case to order a rehearing of the proceeding by the Industrial Commission on the ground of…