From Casetext: Smarter Legal Research

Trippe v. Lumbermen's Mutual Casualty Company

Court of Appeals of Georgia
Mar 18, 1960
114 S.E.2d 72 (Ga. Ct. App. 1960)

Opinion

38174.

DECIDED MARCH 18, 1960. REHEARING DENIED MARCH 31, 1960.

Workmen's compensation. Bartow Superior Court. Before Judge Davis. December 14, 1959.

John D. Edge, Harold S. Deaton, for plaintiff in error.

Warren Akin, contra.


The claimant wife of the deceased employee in this workmen's compensation case proved that her husband died of a heart attack while in the course of his employment at Kingston Mills, Inc.; that his duties commenced at 8 a. m.; that between 8 a. m. and 8:10 a. m. when he had the seizure, the employee was engaged in filing his oil cup from a gallon can preparatory to beginning his duties as an oiler. No other physical activity is shown, and both doctors who testified in the case gave it as their opinion that the exertion of the employee had no causal connection with the attack. The claimant accordingly did not carry the burden of showing that the death arose out of, as well as in the course of, the employment. Carpenter v. Lockheed Aircraft Corp., 93 Ga. App. 213 (1, 4) ( 91 S.E.2d 199).

The Judge of the Superior Court of Bartow County did not err in affirming the award of the hearing director which denied compensation.

Judgment affirmed. Gardner, P. J., and Carlisle, J., concur.

DECIDED MARCH 18, 1960 — REHEARING DENIED MARCH 31, 1960.


Summaries of

Trippe v. Lumbermen's Mutual Casualty Company

Court of Appeals of Georgia
Mar 18, 1960
114 S.E.2d 72 (Ga. Ct. App. 1960)
Case details for

Trippe v. Lumbermen's Mutual Casualty Company

Case Details

Full title:TRIPPE v. LUMBERMEN'S MUTUAL CASUALTY COMPANY et al

Court:Court of Appeals of Georgia

Date published: Mar 18, 1960

Citations

114 S.E.2d 72 (Ga. Ct. App. 1960)
114 S.E.2d 72

Citing Cases

Union Producing Co. v. Simpson

Di Cicco v. Liebmann Breweries, 201 N.Y.S.2d 123; Franks v. The Goyer Co., 234 Miss. 833, 108 So.2d 217;…