Lumbermen's Mutual Casualty Co. v. Cooper

Court of Appeals of Georgia

Lumbermen's Mutual Casualty Co. v. Cooper

176 S.E. 106, 49 Ga. App. 517, 1934 Ga. App. LEXIS 459

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1934

Docket22954

StatusPublished

This text of 176 S.E. 106 (Lumbermen's Mutual Casualty Co. v. Cooper) 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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Lumbermen's Mutual Casualty Co. v. Cooper, 176 S.E. 106, 49 Ga. App. 517, 1934 Ga. App. LEXIS 459 (Ga. Ct. App. 1934).

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Opinion

G-uerry, J.

The Supreme Court having decided in this ease, on certiorari, that “Under the evidence in this case, the Department of Industrial Relations was authorized to find that the daily employment began at the mill of the employer, although the employee was expected to ride free on the truck of a third person to the place of actual work in the woods about twenty miles away. The employee was killed by falling from the truck while en route to the woods; and under the proved circumstances, it was a fair deduction that his injury and death arose out of and in the course of his employment” (Cooper v. Lumbermen’s Mutual Casualty Co., 179 Ga. 256, 175 S. E. 577), the original judgment rendered by this court (47 Ga. App. 284, 170 S. E. 384), reversing the judgment of the superior court affirming the finding of the Department of Industrial Relations, is hereby vacated, and a judgment of affirmance rendered instead.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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G-uerry, J.

The Supreme Court having decided in this ease, on certiorari, that “Under the evidence in this case, the Department of Industrial Relations was authorized to find that the daily employment began at the mill of the employer, although the employee was expected to ride free on the truck of a third person to the place of actual work in the woods about twenty miles away. The employee was killed by falling from the truck while en route to the woods; and under the proved circumstances, it was a fair deduction that his injury and death arose out of and in the course of his employment” (Cooper v. Lumbermen’s Mutual Casualty Co., 179 Ga. 256, 175 S. E. 577), the original judgment rendered by this court (47 Ga. App. 284, 170 S. E. 384), reversing the judgment of the superior court affirming the finding of the Department of Industrial Relations, is hereby vacated, and a judgment of affirmance rendered instead.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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176 S.E. 106, 49 Ga. App. 517, 1934 Ga. App. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumbermens-mutual-casualty-co-v-cooper-gactapp-1934.

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