From Casetext: Smarter Legal Research

Harrell v. J.S. Frank Construction Co.

Supreme Court of Kansas
Nov 4, 1972
502 P.2d 762 (Kan. 1972)

Opinion

No. 46,746

Opinion filed November 4, 1972.

MEMORANDUM OPINION

WORKMEN'S COMPENSATION — Accident Arising Out of and in Course of Employment — Question of Fact — Negative Finding.

Appeal from Mitchell district court; MARVIN O. BRUMMETT, judge. Opinion filed November 4, 1972. Affirmed.

Robert F. Glassman, of Hays, argued the cause, and was on the brief for appellant.

C. Stanley Nelson, of the firm of Hampton, Royce, Engleman Nelson, of Salina, argued the cause, and was on the brief for appellees.


This is an appeal in a workmen's compensation case. The district court reversed the award entered in favor of the claimant-appellant by the examiner which was affirmed by the director, and entered judgment in favor of the employer and its insurance carrier, the appellees. In so doing, the court made a negative finding that the claimant did not sustain personal injury by accident arising out of and in the course of his employment.

Whether the disability of a workman is due to an accident arising out of and in the course of his employment is a question of fact and the district court's determination will not be disturbed by this court when there is substantial competent evidence to sustain it. ( Callahan v. Eby Construction Co., 192 Kan. 814, 391 P.2d 315.) Further, this court will seldom set aside a negative finding of a district court if the evidence is limited in quantity and its weight and credibility may be questionable, or if the evidence may be disregarded for any reason. ( Schmidt v. Jensen Motors, Inc., 208 Kan. 182, 490 P.2d 383.)

Although the evidence was conflicting on the question whether appellant sustained personal injury by accident arising out of and in the course of his employment, we conclude there is ample substantial competent evidence in the record to sustain the district court's judgment.

The judgment is affirmed.


Summaries of

Harrell v. J.S. Frank Construction Co.

Supreme Court of Kansas
Nov 4, 1972
502 P.2d 762 (Kan. 1972)
Case details for

Harrell v. J.S. Frank Construction Co.

Case Details

Full title:JIMMY R. HARRELL, Appellant, v. J.S. FRANK CONSTRUCTION COMPANY and…

Court:Supreme Court of Kansas

Date published: Nov 4, 1972

Citations

502 P.2d 762 (Kan. 1972)
502 P.2d 762

Citing Cases

Wade v. Union Nat'l Bank

Negative findings of a trial court are seldom set aside if the evidence is limited in quantity and its weight…

Harris v. Cessna Aircraft Co.

Phillips v. Helm's Inc., 201 Kan. 69, 439 P.2d 119 (1968). The negative findings of a trial court will seldom…