Bartlett v. American Mutual Liability Insurance

Court of Appeals of Georgia

Bartlett v. American Mutual Liability Insurance

170 S.E. 822, 47 Ga. App. 504, 1933 Ga. App. LEXIS 535

CourtCourt of Appeals of Georgia

DecidedSeptember 14, 1933

Docket22550

StatusPublished

Cited by2 cases

This text of 170 S.E. 822 (Bartlett v. American Mutual Liability Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bartlett v. American Mutual Liability Insurance, 170 S.E. 822, 47 Ga. App. 504, 1933 Ga. App. LEXIS 535 (Ga. Ct. App. 1933).

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Opinion

MacIntyre, J.

Where the evidence showed that the insured employer did not have as many as ten employees in this State, and where the evidence did not authorize a finding that either the employer or the employee for whose injury claim was made had ever elected to come under the provisions of the workmen’s compensation act, the Industrial Commission had no jurisdiction of the claim, and properly so held. It follows that the judge of the superior court, on an appeal from the judgment of the commission, did not err in sustaining the same. Vandergriff v. Shepard, 39 Ga. App. 791 (148 S. E. 596) ; Ga. L. 1920, pp. 167, 177; Ga. L. 1925, pp. 282, 283; Code, Park’s Supp. 1922, § 3154(o), Michie, § 3154(15).

Judgment affirmed.

Broyles, O. J., and Guerry, J., concur. Smith, Hammond, Smith & Bloodivorih, B. B. L. Field, William, H. Smith, for plaintiff. McDaniel, Neely & Marshall, Harry L. Greene, for defendants.

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MacIntyre, J.

Where the evidence showed that the insured employer did not have as many as ten employees in this State, and where the evidence did not authorize a finding that either the employer or the employee for whose injury claim was made had ever elected to come under the provisions of the workmen’s compensation act, the Industrial Commission had no jurisdiction of the claim, and properly so held. It follows that the judge of the superior court, on an appeal from the judgment of the commission, did not err in sustaining the same. Vandergriff v. Shepard, 39 Ga. App. 791 (148 S. E. 596) ; Ga. L. 1920, pp. 167, 177; Ga. L. 1925, pp. 282, 283; Code, Park’s Supp. 1922, § 3154(o), Michie, § 3154(15).

Judgment affirmed.

Broyles, O. J., and Guerry, J., concur. Smith, Hammond, Smith & Bloodivorih, B. B. L. Field, William, H. Smith, for plaintiff. McDaniel, Neely & Marshall, Harry L. Greene, for defendants.

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170 S.E. 822, 47 Ga. App. 504, 1933 Ga. App. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartlett-v-american-mutual-liability-insurance-gactapp-1933.

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