Hudnut v. Hargis

I do not see this case "in a mirror dimly." I see a clear image of a necessity to apply appellate principles in the traditional manner. To conclude that the Board's decision was arbitrary and capricious, the evidence must be weighed.

Hargis, as the claimant, bore the burden of proving to the Board he was unfit for active duty in order to qualify for a disability pension. Ind.Code 386-8-7.5-13(a) (1988). He therefore appeals from the Board's negative judgment and in a review of a negative judgment a reviewing court must not weigh evidence or judge the credibility of witnesses. If the evidence…