Superior Court of Pennsylvania, 1968

Wigfield v. Overly Manufacturing Co.

Wigfield v. Overly Manufacturing Co.
Superior Court of Pennsylvania · Decided December 6, 1968 · Hannum, Hoffman, Jacobs, Montgomery, Spaulding, Watkins, Wright
213 Pa. Super. 459; 249 A.2d 371; 1968 Pa. Super. LEXIS 790

Wigfield v. Overly Manufacturing Co.

Opinion of the Court

Opinion

Per Curiam,

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

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 (1968). Therefore, the judgment in appellee’s favor based on that erroneous finding was invalid.

I respectfully dissent.

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