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
Court of Appeals of Georgia·Decided October 24, 1952·No. 34237·Published·Cited by 45 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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

73 S.E.2d 70 (Hartford Accident & Indemnity Co. v. Waters) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Muhammad v. Laidlaw Transit, Inc.
917 So. 2d 842 (Court of Civil Appeals of Alabama, 2005)
Reynolds Construction Co. v. Reynolds
459 S.E.2d 612 (Court of Appeals of Georgia, 1995)
Stebbins Engineering & Manufacturing Co. v. Tullis
505 So. 2d 1230 (Court of Civil Appeals of Alabama, 1986)
American Can Co. v. McConnell
587 S.W.2d 583 (Supreme Court of Arkansas, 1979)
Guye v. Home Indemnity Co.
244 S.E.2d 864 (Supreme Court of Georgia, 1978)
Home Indemnity Co. v. Guye
238 S.E.2d 549 (Court of Appeals of Georgia, 1977)
Maxey v. Liberty Mutual Insurance
206 S.E.2d 573 (Court of Appeals of Georgia, 1974)
Brown Transport Corp. v. Jenkins
199 S.E.2d 910 (Court of Appeals of Georgia, 1973)
Travelers Insurance v. Maddox
164 S.E.2d 850 (Court of Appeals of Georgia, 1968)
Aetna Casualty & Surety Co. v. Williams
161 S.E.2d 396 (Court of Appeals of Georgia, 1968)
Thomas v. United States Casualty Co.
128 S.E.2d 749 (Supreme Court of Georgia, 1962)
Davis v. Cobb County
126 S.E.2d 710 (Court of Appeals of Georgia, 1962)
United States Casualty Co. v. Thomas
127 S.E.2d 169 (Court of Appeals of Georgia, 1962)
Callaway Mills Company v. Yates
126 S.E.2d 305 (Court of Appeals of Georgia, 1962)
Troup County v. Henderson
121 S.E.2d 65 (Court of Appeals of Georgia, 1961)
Liberty Mutual Insurance v. Elrod
116 S.E.2d 890 (Court of Appeals of Georgia, 1960)
Callaway Mills Co. v. Hurley
112 S.E.2d 320 (Court of Appeals of Georgia, 1959)
Aetna Casualty & Surety Company v. Pulliam
108 S.E.2d 823 (Court of Appeals of Georgia, 1959)
Ford v. Liberty Mutual Insurance Co.
108 S.E.2d 311 (Court of Appeals of Georgia, 1959)
United States Fidelity & Guaranty Co. v. Messer
106 S.E.2d 313 (Court of Appeals of Georgia, 1958)