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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.