· 10/30/1905
Smith v. Pacific Heights Railway Co.
Citations
- 17 Haw. 96
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the benefit of the doubt rule applies when “the evidence is in relative equipoise”
- holding that \a Veteran need only demonstrate that there is an 'approximate balance of positive and negative evidence' in order to prevail.\
- holding that a Board's findings of fact are reviewed under the \clearly erroneous\ standard of review
- holding that when applying \clearly erroneous\ standard, Board's finding supported by plausible basis may not be reversed even if Court would have weighed evidence differently
- holding that Board decision must be adequate to explain to claimant “precise basis” for its conclusions as well as to permit informed judicial review
- holding that the benefit of the doubt rule applies when “the evidence is in relative equipoise”
Source: CourtListener parenthetical corpus (CC0).
Judges: Erear, Frear, Hartwell, Wilder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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