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Westinghouse Electric and Manufacturing Co. v. Wright

New Jersey Supreme Court


Decided: April 24, 1947.

WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY, APPELLANT,
v.
RICHARD WRIGHT, RESPONDENT

On appeal from the Supreme Court, whose opinion is reported in 134 N.J.L. 581.

For the appellant, Haines & Chanalis (Michael N. Chanalis, of counsel).

For the respondent, Edward T. Miller and Robert Scherling (Seymour B. Jacobs, of counsel).

[135 NJL Page 460]

PER CURIAM.

This is an appeal in a workmen's compensation case. On certiorari the Supreme Court found facts from which it determined that "the workman suffered an injury by reason of an accident arising out of and in the course of his employment." There was evidence to support such findings of fact. It is the settled procedural rule in this court that findings of fact on conflicting evidence, or on uncontroverted evidence reasonably susceptible of divergent inferences, are conclusive on appeal. Alexander v. Cunningham Roofing Co., Inc., 125 N.J.L. 277.

The judgment is affirmed, with costs.

For affirmance -- THE CHANCELLOR, DONGES, HEHER, COLIE, EASTWOOD, WELLS, RAFFERTY, DILL, FREUND, McGEEHAN, McLEAN, JJ. 11.

For reversal -- None.

19470424


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