Shook v. Herring Construction Co.

Court of Appeals of North Carolina
Shook v. Herring Construction Co., 25 N.C. App. 231 (1975)
212 S.E.2d 413; 1975 N.C. App. LEXIS 2226
Brock, Martin, Vaughn

Shook v. Herring Construction Co.

Opinion of the Court

BROCK, Chief Judge.

The crux of plaintiff’s argument on appeal is that plaintiff’s testimony was the only evidence of how his injury occurred ; that plaintiff’s testimony supports an award of compensation; and that the Commission erred in denying compensation.

We note that defendant offered considerable evidence which tended to show that plaintiff’s testimony was incredible. In any event the Commission is not required to accept as true even the uncontroverted testimony of a witness. Wallace v. Watkins-Carolina Express, Inc., 11 N.C. App. 556, 181 S.E. 2d 767 (1971). Upon appeal this Court does not have the right to *232weigh' the evidence and decide the issue on the weight given the evidence by this Court. Hollman v. City of Raleigh, 273 N.C. 240, 159 S.E. 2d 874 (1968).

Affirmed.

Judges Vaughn and Martin concur.

Reference

Full Case Name
GILBERT M. SHOOK, JR. v. HERRING CONSTRUCTION CO., INC., Employer, SENTRY INSURANCE COMPANY, Carrier
Cited By
1 case
Status
Published