Covington v. Berkeley Granite Corp.

Court of Appeals of Georgia

Covington v. Berkeley Granite Corp.

185 S.E. 386, 53 Ga. App. 269, 1936 Ga. App. LEXIS 62

CourtCourt of Appeals of Georgia

DecidedApril 18, 1936

Docket24722

StatusPublished

Cited by4 cases

This text of 185 S.E. 386 (Covington v. Berkeley Granite Corp.) 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.

Bluebook

Covington v. Berkeley Granite Corp., 185 S.E. 386, 53 Ga. App. 269, 1936 Ga. App. LEXIS 62 (Ga. Ct. App. 1936).

Pincite

Opinion

Broyles, C. J.

1. “Where as the result of an employer’s negligence an employee sustained an injury which caused an ‘occupational disease,’ if the injury was not the result of an accident and was not compensable under the workmen’s compensation act, the employee is not prevented by the terms of the act from maintaining against his employer an ordinary or common-law action to recover damages for such injury and disease. . . Attention has been called to the following decisions: Holliday v. Merchants & Miners Transportation Co., 32 Ga. App. 567 (124 S. E. 89), affirmed, 161 Ga. 949 (132 S. E. 210) ; McCoy v. Southern Lumber Co., 38 Ga. App. 251 (143 S. E. 611) ; Horn v. Planters Products Co., 40 Ga. App. 787 (151 S. E. 552) ; Webb v. Tubize-Chatillon Cor., 45 Ga. App. 744 (165 S. E. 775) ; Stebbins v. Georgia Veneer & Package Co., 51 Ga. App. 56 (179 S. E. 649). The present decision is not contrary to anything decided either by the Court of Appeals or by the Supreme Court in the Holliday case, supra. If the other four decisions just referred to should be construed as holding anything at variance with what is now ruled, they are to that, extent disapproved.” Covington v. Berkeley Granite Cor., 182 Ga. 235 (184 S. E. 871).

2. Under the foregoing ruling and the pleadings of the instant case, the [270]*270amended petition set out a cause of action, and the court erred in dismissing the action on demurrer.

Decided April 18, 1936. Howell & Post, for plaintiff. Bryan, Middlebrooks & Garter, John A. Dunaway, Yantis O. Mitchell, for defendant.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

1. “Where as the result of an employer’s negligence an employee sustained an injury which caused an ‘occupational disease,’ if the injury was not the result of an accident and was not compensable under the workmen’s compensation act, the employee is not prevented by the terms of the act from maintaining against his employer an ordinary or common-law action to recover damages for such injury and disease. . . Attention has been called to the following decisions: Holliday v. Merchants & Miners Transportation Co., 32 Ga. App. 567 (124 S. E. 89), affirmed, 161 Ga. 949 (132 S. E. 210) ; McCoy v. Southern Lumber Co., 38 Ga. App. 251 (143 S. E. 611) ; Horn v. Planters Products Co., 40 Ga. App. 787 (151 S. E. 552) ; Webb v. Tubize-Chatillon Cor., 45 Ga. App. 744 (165 S. E. 775) ; Stebbins v. Georgia Veneer & Package Co., 51 Ga. App. 56 (179 S. E. 649). The present decision is not contrary to anything decided either by the Court of Appeals or by the Supreme Court in the Holliday case, supra. If the other four decisions just referred to should be construed as holding anything at variance with what is now ruled, they are to that, extent disapproved.” Covington v. Berkeley Granite Cor., 182 Ga. 235 (184 S. E. 871).

2. Under the foregoing ruling and the pleadings of the instant case, the [270]*270amended petition set out a cause of action, and the court erred in dismissing the action on demurrer.

Decided April 18, 1936. Howell & Post, for plaintiff. Bryan, Middlebrooks & Garter, John A. Dunaway, Yantis O. Mitchell, for defendant.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

185 S.E. 386, 53 Ga. App. 269, 1936 Ga. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covington-v-berkeley-granite-corp-gactapp-1936.

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