Wright v. Peabody Coal Co.

DISSENTING OPINION

Gilkison, J.

I am unable to agree with the opinion in this case. My dissent is based upon the following reasons:

Of course, only the competent evidence most favorable to the award, including reasonable inferences that may be drawn therefrom, may be considered by this court in determining its correctness. I shall not attempt to weigh competent conflicting evidence, since that is wholly for the trial court, in this case, the Industrial Board. This rule of law is too well known to require the citation of authorities. But if the competent evidence is of such a conclusive character…