Summary
In Ex parte Paramount Coal Co., 213 Ala. 281, 104 So. 753, wherein Tom Williams, the employee, and husband of the present plaintiff, was suing for compensation for his disability, this court reannounced the rule on certiorari to this court, that if there is any legal evidence to support the findings of fact by the trial court, such finding is conclusive.
Summary of this case from Paramount Coal Co. v. WilliamsOpinion
6 Div. 336.
May 28, 1925.
Appeal from Circuit Court, Jefferson County; Roger W. Snyder, Judge.
B. F. Smith and A. M. Boone, both of Birmingham, for appellant.
The decree awarding compensation does not contain a statement of the law and facts of the case, and is insufficient. Acts 1919, p. 227, § 28: Ætna Co. v. Schaeffer, 209 Ala. 77, 95 So. 351. Defendant should not have been taxed with the costs, there being no evidence of incorrect payment or default in payment by defendant. Acts 1919, p. 220, § 28.
W. A. Denson, of Birmingham, for appellee.
Brief of counsel did not reach the Reporter.
The findings of fact being too meager to fully inform this court in respect to the previous weekly earnings of Tom Williams, the bill of exceptions is considered. Ex parte Mt. Carmel Coal Co., 209 Ala. 519, 96 So. 626. In Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803, Ex parte H. T. Smith Lumber Co., 206 Ala. 485, 90 So. 807, and Ex parte Sloss-Sheffield S. I. Co. (Greek's Case), 207 Ala. 219, 92 So. 458, it was declared of adjudications under the Workmen's Compensation Act (Laws 1919. p. 206) that, where there is "any legal evidence to support the finding, such finding is conclusive, and no technical questions as to the admissibility of evidence will be here considered." At the trial the evidence of the wife and Mr. Donaldson was before the court, and there was evidence on the part of the former to support the judgment rendered.
The costs were awarded within the terms of the statute. Gen. Acts 1919, p. 228.
The writ is denied.
ANDERSON, C. J., and SOMERVILLE and BOULDIN, JJ., concur.