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Ford Motor Co. v. Fernandez

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eBook details

  • Title: Ford Motor Co. v. Fernandez
  • Author : New Jersey Supreme Court
  • Release Date : January 10, 1935
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

The appeal will be dismissed; but in order to forestall any application for leave to frame a record and reinstate the appeal based thereon, we may as well say that as the attack is on findings of fact, first by the Common Pleas, and again by the Supreme Court, it is, on well settled principles not cognizable here if there was any evidence to support those findings. Moran v. Jersey City, 58 N.J.L. 653; Suburban Land Co. v. Vailsburgh, 68 Id. 311; Kohn v. Tilt, 103 Id. 110. There was substantial evidence to support them. Counsel for prosecutor argue on weight of evidence, and invoke the obiter remark of this court in Standard Water Systems Co. v. Ort, 110 Id. 586, 587, where the last sentence of the opinion reads: "The weight of medical testimony indicates that the petitioners decedent died of angina pectoris." That this was purely obiter and in no way determinative of the appeal, is plain from a reading of an earlier sentence: "There is nothing in the record to show that an accident occurred while the decedent was at work."


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