Legal Opinion · Concurrence

Kingan & Co. v. Buford

Indiana Court of Appeals

Decided June 28, 1917No. 9,597Published

From the Industrial Board of Indiana. Proceedings for compensation under the Workmen’s Compensation Act by Haughty Buford and another against Kingan and Company, Limited. From an award for applicants, the employer - appeals.

1Concurrence

Concurring Opinion.

Dausman, J.

I concur in the result reached in this case; but my sense of propriety impels me to dissent from a portion of the majority opinion. The following statement therein is germane and essential to the decision: “The board itself and the fund involved are only creations of the legislature and it is clear, we think, that it was not the intention of the legislature to provide in the act for more than one hearing before the full board.”

This statement is equivalent to saying that independently of the statute the board has no power to set aside a finding and an award where'…

2Cases cited33 opinions

  1. Middleton v. Texas Power & Light Co.Texas Supreme Court · 1916
  2. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  3. State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
  4. Mackin v. Detroit-Timkin Axle Co.Michigan Supreme Court · 1915
  5. Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861

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