Zurich General Accident & Liability Insurance v. Lawson

Court of Appeals of Georgia

Zurich General Accident & Liability Insurance v. Lawson

200 S.E. 559, 59 Ga. App. 265, 1938 Ga. App. LEXIS 486

Court of Appeals of Georgia·Decided November 2, 1938·No. 27011·Published

Opinions

Broyles, C. J.

1. The motion to dismiss the writ of error, on the ground that the bill of exceptions fails to specify plainly the alleged errors complained of, is denied.

2. The controlling question in this case is whether the claimant, at the [266]*266time of liis injury, was an employee of tlie Wofford Oil Company or an independent contractor. The evidence adduced on the hearing authorized the finding of the director and of the Industrial Board that the claimant was an independent contractor, and therefore was not entitled to compensation. It follows that the judge of the superior court erred in sustaining the claimant’s appeal and in setting' aside the award of the Industrial Board.

Decided November 2, 1938. Rehearing denied December 19, 1938. E. E. Gctrier, B. G. Dickerson, F. M. Scarlett, for plaintiffs in error. Franklin & Eberhardt, contra.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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

Broyles, C. J.

1. The motion to dismiss the writ of error, on the ground that the bill of exceptions fails to specify plainly the alleged errors complained of, is denied.

2. The controlling question in this case is whether the claimant, at the [266]*266time of liis injury, was an employee of tlie Wofford Oil Company or an independent contractor. The evidence adduced on the hearing authorized the finding of the director and of the Industrial Board that the claimant was an independent contractor, and therefore was not entitled to compensation. It follows that the judge of the superior court erred in sustaining the claimant’s appeal and in setting' aside the award of the Industrial Board.

Decided November 2, 1938. Rehearing denied December 19, 1938. E. E. Gctrier, B. G. Dickerson, F. M. Scarlett, for plaintiffs in error. Franklin & Eberhardt, contra.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

Zurich General Accident & Liability Insurance v. Lawson, 200 S.E. 559, 59 Ga. App. 265, 1938 Ga. App. LEXIS 486 (Ga. Ct. App. 1938).

Pincite

200 S.E. 559 (Zurich General Accident & Liability Insurance v. Lawson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related