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WIGFIELD v. OVERLY MANUFACTURING COMPANY ET AL. (12/06/68)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 6, 1968.

WIGFIELD
v.
OVERLY MANUFACTURING COMPANY ET AL., APPELLANTS

Appeal from judgment of Court of Common Pleas of Westmoreland County, July T., 1967, No. 386, in case of Olive Wigfield, widow of Frank Wigfield, deceased, v. Overly Manufacturing Company et al.

COUNSEL

Michael B. Kaleugher, with him Clem R. Kyle, for appellants.

Edgar P. Herrington, Jr., for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Montgomery, J.

Author: Per Curiam

[ 213 Pa. Super. Page 460]

The appeal is dismissed and the record is remitted to the court below for entry of a judgment in favor of the claimant. As so entered, the judgment is affirmed.

Disposition

Judgment affirmed.

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 (1963). Therefore, the judgment in appellee's favor based on that erroneous finding was invalid.

I respectfully dissent.

19681206

© 1998 VersusLaw Inc.



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