Taylor v. Stonewall Jackson Manual Training and Industrial School

Claimant argues that the finding and conclusion by the Industrial Commission that the driver of defendant's dump truck was not negligent is contrary to the greater weight of the evidence. ""The Commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony."" Anderson v. Construction Co., 265 N.C. 431, 144 S.E.2d 272. The appellate courts do not retry the facts, notwithstanding that the appellate court, if it had been the fact finding body, might have reached a different conclusion. McGill v. Lumberton, 218 N.C. 586, 11 S.E.2d 873. If in any reasonable view of it, the evidence is sufficient to support the critical findings and conclusions of the Industrial Commission, such findings and conclusions must be upheld. Keller v. Wiring Co., 259 N.C. 222, 130 S.E.2d 342.