Murphey v. American Mutual Liability Insurance Co.

Court of Appeals of Georgia

Murphey v. American Mutual Liability Insurance Co.

28 S.E.2d 876, 70 Ga. App. 598, 1944 Ga. App. LEXIS 58

CourtCourt of Appeals of Georgia

DecidedFebruary 10, 1944

Docket30270.

StatusPublished

Cited by3 cases

This text of 28 S.E.2d 876 (Murphey v. American Mutual Liability Insurance Co.) 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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Murphey v. American Mutual Liability Insurance Co., 28 S.E.2d 876, 70 Ga. App. 598, 1944 Ga. App. LEXIS 58 (Ga. Ct. App. 1944).

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Opinion

Felton, J.

Under the Code, § 114-411, and the ruling in Slaten v. Travelers Insurance Company, 197 Ga. 1 (28 S. E. 2d, 280), where an employee was injured while employed elsewhere than in this State, and while engaged in employment having no connection with employment in this State which would subject the parties to the workmen’s compensation law of this State irrespective of where the contract of employment was made, that the contract of employment was made within this State was a necessary prerequisite to give the State Board of Workmen’s Compensation jurisdiction of a claim for compensation, in this case the board was authorized, if not compelled, to find that the contract of employment was made in North Carolina, and correctly dismissed the claim for lack of jurisdiction. There was no contention that the employment *599 had any connection with any employment in Georgia. The judge of the superior court did not err in affirming the judgment.

Decided February 10, 1944. Paul T. Chance, for plaintiffs. Bussey, Fulcher & Hardin, Nathan Jolles, for defendants.

Judgment affirmed.

Sutton, P. J., and Parker, J., concur.

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Felton, J.

Under the Code, § 114-411, and the ruling in Slaten v. Travelers Insurance Company, 197 Ga. 1 (28 S. E. 2d, 280), where an employee was injured while employed elsewhere than in this State, and while engaged in employment having no connection with employment in this State which would subject the parties to the workmen’s compensation law of this State irrespective of where the contract of employment was made, that the contract of employment was made within this State was a necessary prerequisite to give the State Board of Workmen’s Compensation jurisdiction of a claim for compensation, in this case the board was authorized, if not compelled, to find that the contract of employment was made in North Carolina, and correctly dismissed the claim for lack of jurisdiction. There was no contention that the employment *599 had any connection with any employment in Georgia. The judge of the superior court did not err in affirming the judgment.

Decided February 10, 1944. Paul T. Chance, for plaintiffs. Bussey, Fulcher & Hardin, Nathan Jolles, for defendants.

Judgment affirmed.

Sutton, P. J., and Parker, J., concur.

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28 S.E.2d 876, 70 Ga. App. 598, 1944 Ga. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphey-v-american-mutual-liability-insurance-co-gactapp-1944.

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