Home/Court of Appeals of Georgia/Ocean Accident Guarantee Corporation v. Lane

Ocean Accident Guarantee Corporation v. Lane

12 S.E.2d 413, 64 Ga. App. 149, 1940 Ga. App. LEXIS 148
CourtCourt of Appeals of Georgia
DecidedDecember 3, 1940
Docket28310.
StatusPublished
Cited by37 cases

This text of 12 S.E.2d 413 (Ocean Accident Guarantee Corporation v. Lane) 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
Ocean Accident Guarantee Corporation v. Lane, 12 S.E.2d 413, 64 Ga. App. 149, 1940 Ga. App. LEXIS 148 (Ga. Ct. App. 1940).

Opinion

MacIntyre, J.

1. “The opinion of an expert witness is not conclusive upon the jury. Such testimony is intended to aid them in coming to a correct conclusion upon the subject; but the jury is not bound by such opinion, and can disregard it. The jury may deal with such testimony as they see fit. giving credence to it or not.” Manley v. State, 166 Ga. 563, 566 (19) (144 S. E. 170) ; Liberty Mutual Insurance Co. v. Williams, 44 Ga., App. 452 (161 S. E. 853).

2 “A jury in arriving at a conclusion upon disputed issues of fact may believe a part of the testimony of a witness or witnesses, and reject another part thereof, it jeing their duty to ascertain the truth of the case from the opinion they entertain of all the evidence submitted for their consideration.” Sappington v. Bell, 115 Ga. 856 (42 S. E. 233) ; Reaves v. Columbus Electric & Power Co., 32 Ga. App. 140, 151 (122 S. E. 824).

3. In this case the claimant, an old negro man who was more or less ignorant, contended that one of two hernias had caused his disability for which he was seeking compensation under the workmen’s ccmpensation act. His testimony, as it related to the material question as to which of the two hernias was the cause of his disability, was not clear in some particulars and in some particulars militated against him. The testimony of the physicians, as stated by the director, was in sharp conflict on material issues. However, under the rules stated in the two preceding headnotes, the director was authorized to find from the *150 claimant’s testimony as a whole and the other evidence in the case that the hernia, as contended by the claimant, caused the disability. There was sufficient competent evidence to support the award of the director in favor of the claimant, and the judge of the superior court did not err in affirming the award of the full board affirming the award of the director.

Decided December 3, 1940. Rehearing denied December 19, 1940. Matthews, Owens & Maddox, for plaintiffs in error. Lanham & Parker, contra.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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

Related

Franklin v. Southern Guaranty Insurance
287 S.E.2d 274 (Court of Appeals of Georgia, 1981)
Pinkston v. Hagin
276 S.E.2d 67 (Court of Appeals of Georgia, 1981)
Atlanta Recycled Fiber Co. v. Tri-Cities Steel Co.
262 S.E.2d 554 (Court of Appeals of Georgia, 1979)
Dickerson v. Hulsey
225 S.E.2d 464 (Court of Appeals of Georgia, 1976)
Continental Casualty Co. v. Weise
221 S.E.2d 461 (Court of Appeals of Georgia, 1975)
Lincoln Property Co. v. Stasco Plumbing, Inc.
204 S.E.2d 449 (Court of Appeals of Georgia, 1974)
Employers Fire Insurance v. Walraven
202 S.E.2d 461 (Court of Appeals of Georgia, 1973)
Equity National Life Insurance v. Shelnutt
198 S.E.2d 350 (Court of Appeals of Georgia, 1973)
Feldschneider v. State
195 S.E.2d 184 (Court of Appeals of Georgia, 1972)
Taylor v. Roberson
192 S.E.2d 384 (Court of Appeals of Georgia, 1972)
Cochran v. Lynch
192 S.E.2d 165 (Court of Appeals of Georgia, 1972)
Phoenix Ins. of Hartford v. Weaver
183 S.E.2d 920 (Court of Appeals of Georgia, 1971)
Johnson v. Cook
180 S.E.2d 591 (Court of Appeals of Georgia, 1971)
Anderson v. Crippen
176 S.E.2d 196 (Court of Appeals of Georgia, 1970)
Lathan v. Murrah, Inc.
174 S.E.2d 269 (Court of Appeals of Georgia, 1970)
Medley v. Hartford Accident & Indemnity Co.
172 S.E.2d 461 (Court of Appeals of Georgia, 1970)
Callaway Mills Co. v. Hurley
123 S.E.2d 7 (Court of Appeals of Georgia, 1961)
Peacock v. Manufacturer's Casualty Insurance
111 S.E.2d 111 (Court of Appeals of Georgia, 1959)
Cook v. Carr
105 S.E.2d 795 (Court of Appeals of Georgia, 1958)
United States Fidelity & Guaranty Co. v. Doyle
101 S.E.2d 600 (Court of Appeals of Georgia, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
12 S.E.2d 413, 64 Ga. App. 149, 1940 Ga. App. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocean-accident-guarantee-corporation-v-lane-gactapp-1940.