Garmon v. Tridair Industries Inc‪.‬

Plaintiff alleges error in the conclusion of law that he did not sustain an injury by accident as defined by G.S. 97-2(6), contending that the conclusion is not consistent with the findings of fact and the evidence. We do not agree with this contention. The question presented by the contention is whether there was evidence in the record to support the finding made by the commission that plaintiff had not sustained an injury by accident. The court does not weigh the evidence as this would invade the province and function of the commission. ""If there is any evidence of substance which directly, or by reasonable inference, tends to support the findings, the courts are bound by them, 'even though there is evidence that would have supported a finding to the contrary.' Keller v. Wiring Co., supra."" Bigelow v. Tire Sales Co., 12 N.C. App. 220, 225, 182 S.E.2d 856, 860 (1971).