Wigfield v. Overly Manufacturing Co.
Wigfield v. Overly Manufacturing Co.
Opinion of the Court
Opinion
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.
Dissenting Opinion
Dissenting Opinion by
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.