Home/Court of Appeals of Georgia/Hartford Accident & Indemnity Co. v. Waters

Hartford Accident & Indemnity Co. v. Waters

73 S.E.2d 70, 87 Ga. App. 117, 1952 Ga. App. LEXIS 625
CourtCourt of Appeals of Georgia
DecidedOctober 24, 1952
Docket34237
StatusPublished
Cited by45 cases

This text of 73 S.E.2d 70 (Hartford Accident & Indemnity Co. v. Waters) 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
Hartford Accident & Indemnity Co. v. Waters, 73 S.E.2d 70, 87 Ga. App. 117, 1952 Ga. App. LEXIS 625 (Ga. Ct. App. 1952).

Opinion

Felton, J.

Where there was no expert opinion to the effect that the exertion contributed to the attack, unless and until some method is developed to ascertain with some degree of certainty that such an attack is not contributed to by exertion, we think that knowledge from *118 human experience, including medical caution against exertion in such cases and the admitted opinion of experts that exertion might contribute to such an attack, authorized the finding in this case, on the weight of reasonable probabilities; that the amount of exertion in this, case contributed to the cerebral hemorrhage which caused the deceased’s death. See Bussey v. Globe Indemnity Co., 81 Ga. App. 401, 405 (59 S. E. 2d, 34); Lumbermen’s Mutual Cas. Co. v. Bridges, 81 Ga. App. 395, 400 (58 S. E. 2d, 849); Fidelity & Cas. Co. v. Adams, 70 Ga. App. 297, 298 (28 S. E. 2d, 79); Travelers Ins. Co. v. Young, 77 Ga. App. 512 (48 S. E. 2d, 748); Williams v. Maryland Cas. Co., 67 Ga. App. 649 (21 S. E. 2d, 478).

Decided October 24, 1952. Erwin, Nix, Birchmore & Epting, for plaintiffs in error. Jake B. Joel, contra.

The court did not err in affirming the award of the full board.

Judgment affirmed.

Sutton, C.J., and Worrill, J., concur.

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73 S.E.2d 70, 87 Ga. App. 117, 1952 Ga. App. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-accident-indemnity-co-v-waters-gactapp-1952.