Legal Opinion · Dissent

Young v. Waters Construction Co.

Court of Appeals of Kentucky

Decided June 17, 1955Published

1DissentHogg, Judge

I am not in agreement with the majority opinion as- to what it decides is the. law in this case. The question sgems to me to be of sufficient importance to justify this dissenting opinion.

As I see it, this cáse presents" only a question of law based on undisputed facts. The requirement of the statute that the findings of fact by the Compensation Board will not be disturbed by the courts if there is any evidence of probative force to, uphold them, has no application here.

We have a case where there is no con-tiariety in the facts, and the Board’s finding in such instances is one of law and not…

2Cases cited17 opinions

  1. Bates & Rogers Construction Co. v. AllenCourt of Appeals of Kentucky · 1919
  2. Broadway & Fourth Avenue Realty Co. v. MetcalfeCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Blue Diamond Coal Co. v. FrazierCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Diamond Block Coal Company v. SparksCourt of Appeals of Kentucky (pre-1976) · 1925
  5. Fordson Coal Company v. BurkeCourt of Appeals of Kentucky (pre-1976) · 1927

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API