From Casetext: Smarter Legal Research

Giles v. W.E. Beverage Corp.

Court of Errors and Appeals
Apr 25, 1946
46 A.2d 728 (N.J. 1946)

Opinion

Argued February 6, 1946 —

Decided April 25, 1946.

On appeal from the Supreme Court, whose opinion is reported in 133 N.J.L. 137.

For the appellants, Abram A. Lebson.

For the respondents, Kalisch Kalisch ( Isidor Kalisch, of counsel).


The Supreme Court, in the exercise of its fact-finding function, determined, on evidence that at best is subject to conflicting inferences, that appellants had not sustained the burden of establishing that the death of the decedent was the result of an accident which arose out of his employment with respondent; and it is the settled rule that findings of fact on conflicting evidence, or on uncontroverted evidence reasonably susceptible of conflicting inferences, are conclusive on error.

The judgment is accordingly affirmed.

For affirmance — THE CHANCELLOR, PARKER, DONGES, HEHER, COLIE, OLIPHANT, WELLS, RAFFERTY, DILL, FREUND, McGEEHAN, JJ. 11.

For reversal — None.


Summaries of

Giles v. W.E. Beverage Corp.

Court of Errors and Appeals
Apr 25, 1946
46 A.2d 728 (N.J. 1946)
Case details for

Giles v. W.E. Beverage Corp.

Case Details

Full title:RUTH M. GILES AND JUNE GILES, BY RUTH M. GILES, HER NEXT FRIEND…

Court:Court of Errors and Appeals

Date published: Apr 25, 1946

Citations

46 A.2d 728 (N.J. 1946)
46 A.2d 728

Citing Cases

Sanders v. Jarka Corp.

This case does not fall within the rule holding that an assault committed by an unknown assailant for no…

Pisapia v. Newark

* * * Thus where an employee is attacked during his employment by a person whose motive is that of vengeance…