(DOWNLOAD) "Rothman v. Globe Construction Co." by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Rothman v. Globe Construction Co.
- Author : Supreme Court of Kansas
- Release Date : January 06, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by This is a workmen's compensation case. Upon the record the trial court found that the injuries suffered by claimant-appellant did not rise out of and in the course of his work with respondent-appellee and rendered judgment in favor of respondent denying the claim. Claimant brings the case here and contends the lower court erred in the following: 1. Failing to read and consider the transcript of evidence taken before the examiner for the workmen's compensation commissioner prior to making its findings and decision on appeal; 2. Misapplying the law to the facts; 3. Making its findings of fact and decision without sufficient, competent and substantial evidence on which to base the same; 4. Finding claimant's injuries did not arise out of and in the course of his employment. Appellant first contends that the trial court rendered judgment after listening to arguments on behalf of counsel for the respective parties without having reviewed the evidence taken by the examiner for the workmen's compensation commissioner (G.S. 1949, 44-556). We have examined that the record carefully and at no place does it affirmatively appear that the trial court failed to read the record of the testimony taken at the hearing prior to making its decision in this case. It has long been the rule of law in this court that where the record fails to show what action was taken by the trial court with reference to some particular matter in a proceeding, it will be presumed, in the absence of an affirmative showing to the contrary, that the action of the court was regular and in accordance with the law. (In re Wright, 74 Kan. 409, 89 P. 678.) Error is never presumed; it must always be shown, and if it is not affirmatively shown, it will be presumed that no error was committed. (Robertson v. Labette County Comm'rs, 124 Kan. 705, 711, 261 P. 831; Donaldson v. Cox, 103 Kan. 791, 793, 176 P. 647; Hatcher's Kansas Digest, Appeal and Error, § 408-1/2).
 "Rothman v. Globe Construction Co." by Supreme Court of Kansas * eBook PDF Kindle ePub Free){kind=link}