Employer's Casualty Co. v. United States Fidelity & Guaranty Co.

If I could agree with the majority that “the primary and decisive question is one of fact, ’ ’ a dissent would not be required. The opinion expressly says it is “undisputed” that U. S. F. & Gr. “was the insurer from prior to December 1,1946, until February 1, 1947; that on the latter date (Employer’s Casualty) took over the risk, thus relieving U. S. F. &G-.” •

Whether a judgment is supported by substantial evidence is a matter of law. In determining there was or was not sufficient evidence in a considered case Courts are not relegated to miscellaneous statements lifted from the context.

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