Opinion

Wigfield v. Overly Manufacturing Co.

  • 213 Pa. Super. 459
  • 249 A.2d 371
  • 1968 Pa. Super. LEXIS 790
Court
Superior Court of Pennsylvania
Filed
Dec 6, 1968
Status
Published
Author
Montgomery
On the bench
Hannum, Hoffman, Jacobs, Montgomery, Spaulding, Watkins, Wright
Cited by
0 cases
Authority
More cited than 7.4%

The opinion

Dissenting Opinion by

Montgomery, J.:

I would reverse the decision of the lower court and remand the record to the Workmen’s Compensation Board for further hearing and reconsideration. The lower court substituted its finding of fact as to the cause of death of appellee’s husband for that of the Board, which it had no right to do. Zimmiski v. Lehigh Valley Coal Company, 200 Pa. Superior Ct. 524 , 189 A. 2d 897 (1968). Therefore, the judgment in appellee’s favor based on that erroneous finding was invalid.

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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