United States Fidelity & Guaranty Co. v. Messer

Court of Appeals of Georgia

United States Fidelity & Guaranty Co. v. Messer

106 S.E.2d 313, 98 Ga. App. 586, 1958 Ga. App. LEXIS 636

CourtCourt of Appeals of Georgia

DecidedNovember 10, 1958

Docket37419

StatusPublished

Cited by2 cases

This text of 106 S.E.2d 313 (United States Fidelity & Guaranty Co. v. Messer) 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

United States Fidelity & Guaranty Co. v. Messer, 106 S.E.2d 313, 98 Ga. App. 586, 1958 Ga. App. LEXIS 636 (Ga. Ct. App. 1958).

Pincite

Opinion

Gardner, Presiding Judge.

In Hartford Accident &c. Co. v. Waters, 87 Ga. App. 117 (73 S. E. 2d 70) this court said: “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 human experience, including medical caution against exertion in such eases 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.”

[588]*588It is our opinion that under the record before us there was evidence upon which the State Board of Workmen’s Compensation could and did make a findings of fact and award in favor of the claimant, which was affirmed by the superior court.

The court did not err in affirming the award of the State Board of Workmen’s Compensation.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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

Gardner, Presiding Judge.

In Hartford Accident &c. Co. v. Waters, 87 Ga. App. 117 (73 S. E. 2d 70) this court said: “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 human experience, including medical caution against exertion in such eases 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.”

[588]*588It is our opinion that under the record before us there was evidence upon which the State Board of Workmen’s Compensation could and did make a findings of fact and award in favor of the claimant, which was affirmed by the superior court.

The court did not err in affirming the award of the State Board of Workmen’s Compensation.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

106 S.E.2d 313, 98 Ga. App. 586, 1958 Ga. App. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-guaranty-co-v-messer-gactapp-1958.

Opinion

Related

Cite This Page — Counsel Stack