Lynch v Great Northern Railway Company

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Supreme Court

(S.C.),

Lynch

and

Great Northern Railway Co

-Partial incapacity -Evidence - Weight of evidence not a ground of appeal - Medical assessor - Functions - Computation of weekly payment for partial incapacity - - "Post-accident average weekly amount" -Workmen's Compensation Act, 1934 (No. 9 of1934), ss. 15 (1), 23, 36 (2), 3rd Schedule.

Weight of evidence is not a ground of appeal from a finding of fact by a Circuit Judge in proceedings under the Workmen's Compensation Act, 1934, but if there is no reasonable evidence to supportthe finding then that is a question of law giving a right of appeal. In arriving at the post-accident average weekly amount which a workman is earning or is able to earn in some suitable employment or business after the accident, there must be some evidence upon which the Circuit Judge can compute that figure: PerSullivan...