Legal Opinion · Dissent

Poss v. Meeker MacHine Shop

Idaho Supreme Court

Decided December 24, 1985No. 15811Published

1DissentBistline, Justice

I

Part I of the majority’s opinion cursorily reaffirms that part of Booth v. City of Burley, 99 Idaho 229, 580 P.2d 75 (1979) where this Court held that its power to review the testimony of individuals in Industrial Commission cases would be limited to determining if the Commission’s conclusions are supported by substantial and competent evidence, “regardless of whether witnesses have personally appeared before the Industrial Commission.” My review of Booth reveals that that rule was an accident which should not have happened. It is my fear that four members of the Court placed misguided…

2Cases cited41 opinions

  1. Smith v. University of IdahoIdaho Supreme Court · 1946
  2. Booth v. City of BurleyIdaho Supreme Court · 1978
  3. People v. . BloomNew York Court of Appeals · 1908
  4. Beardsley v. City of HartfordSupreme Court of Connecticut · 1883
  5. Billings Properties, Inc. v. Yellowstone CountyMontana Supreme Court · 1964

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