Legal Opinion · Concurrence

Peterson v. Industrial Commission

Utah Supreme Court

Decided October 7, 1942No. 6441Published

1ConcurrenceWolfe, Justice

I concur because I think not only is this a case of uncontradicted testimony of a single interested witness but of various reputable physicians in regard to cause and ultimate effect which was corroborative of two facts which even the lay mind would naturally expect to be related in the manner of cause and effect.

I think the test laid down in the Gagos case is too broad. As stated in the Kavalinakis case, the commission acting as a jury was not bound to find in favor of the uncontradicted evidence. If the witness is interested and the facts be in the realm where they are susceptible of being…

2Cases cited4 opinions

  1. Norris v. Industrial CommissionUtah Supreme Court · 1936
  2. Utah Fuel Co. v. Industrial CommissionUtah Supreme Court · 1942
  3. Boccalero v. Bee (Stimpson, Garnishee)Utah Supreme Court · 1942
  4. West v. Industrial CommissionUtah Supreme Court · 1936

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