Legal Opinion · Dissent

C. & B. Construction Co. v. Roach

Supreme Court of Arkansas

Decided April 21, 1952No. 4-9721Published

1DissentWard, J.

My dissent to the conclusion reached in the majority opinion is based on the following:

First. There is no material conflict regarding the facts and circumstances of deceased’s employment and death, so we might say that all the testimony before the Commission and this court is undisputed. Therefore it is not a question of this court giving to the findings of the Commission the same weight we would give to the findings of a jury on a question of fact. In other words no question of fact is involved. The only question involved is: Do the proven facts bring the ease within the statute ?

Second. In…

2Cases cited14 opinions

  1. Lumbermen's Mutual Casualty Co. v. GriggsSupreme Court of Georgia · 1940
  2. McGregor & Pickett v. ArringtonSupreme Court of Arkansas · 1943
  3. Carney v. HellarSupreme Court of Kansas · 1942
  4. Christensen v. DysartNew Mexico Supreme Court · 1938
  5. Derby v. Swift & Co.Supreme Court of Virginia · 1948

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