# Wigfield v. Overly Manufacturing Co.

> Superior Court of Pennsylvania · December 6, 1968 · 213 Pa. Super. 459

URL: https://www.frixlaw.com/law-library/cases/6286651

## Case

- **Full name:** Wigfield v. Overly Manufacturing Company
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 6, 1968
- **Citations:** 213 Pa. Super. 459; 249 A.2d 371; 1968 Pa. Super. LEXIS 790
- **Precedential status:** Published
- **Opinion:** Dissent by Montgomery
- **Judges:** Hannum, Hoffman, Jacobs, Montgomery, Spaulding, Watkins, Wright
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6286651

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6286651. Public record. Not legal advice.