Legal Opinion · Dissent

McMillin v. City of Salina Water Department

Supreme Court of Kansas

Decided September 2, 1947No. 36,841Published

1DissentThiele, J.

In my opinion the judgment of the trial court is not sustained by substantial competent evidence, as is required under the law of this state. (See, e. g., Fair v. Golden Rule Refining Co., 134 Kan. 623, syl. ¶ 2, 7 P. 2d 70.)

*588In approaching the question whether there is substantial evidence to support the award and judgment of the trial court, it is well to bear in mind certain fundamental principles of law. In Brenn v. City of St. John, 149 Kan. 416, 422, 87 P. 2d 546, it was said that in a workman’s compensation case the burden is on the claimant, and he’must prove the various elements that…

2Cases cited11 opinions

  1. Rush v. Empire Oil & Refining Co.Supreme Court of Kansas · 1934
  2. Carney v. HellarSupreme Court of Kansas · 1942
  3. Fair v. Golden Rule Refining Co.Supreme Court of Kansas · 1932
  4. McMillan v. Kansas Power & Light Co.Supreme Court of Kansas · 1943
  5. Whitaker v. Panhandle Eastern Pipe Line Co.Supreme Court of Kansas · 1935

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