155 Minn. 150 | Minn. | 1923
Certiorari to review a final order in proceedings under the Workmen’s Compensation Act denying the petition of complainant for relief.
Decedent was in the employ of the city of Faribault and at the time of the alleged accidental injury for which compensation is sought was engaged in unloading coal in the municipal yards. It is claimed that while so engaged, the date being fixed at October 4, 1921, a chunk of coal fell from the coal bin striking Mm on the foot, severely injuring that member, from which blood poisoning subsequently set in causing his death on December 3 following. This proceeding for compensation, founded on the theory and claim that the death of decedent was caused by an accidental injury re
The only question involved is whether the findings of the commission are sustained by the evidence, within the rule guiding this court in such cases. A careful consideration of the record leads to the conclusion that the evidence, if not wholly incompetent as hearsay, a question we do not stop to consider, presented to the commission a question of fact. The finding thereon is not clearly or manifestly against the weight thereof, and must be sustained. The rule stated in State ex rel. Neissen v. District Court, 142 Minn. 335, 172 N. W. 133, controls the determination of the question in this court, under the amended procedure prescribed by chapter 423, p. 652, Laws 1921. Lading v. City of Duluth, 153 Minn. 464, 190 N. W. 981; Schoewe v. Winona Paint & Class Co. supra, page 4.
The judgment and order of the industrial commission is therefore affirmed.