Legal Opinion
Smith v. United States Fidelity & Guaranty Co.
Court of Appeals of Georgia
Decided October 25, 1956No. 36316PublishedCited by 6 opinions
1Opinion of the CourtCarlisle, J.
1. “ ‘An injury arises “in the course of the employment” when it occurs within the period of the employment, at a place where the employee reasonably may be in the performance of his duties, and while he is fulfilling those duties or engaged in doing something incidental thereto. An accident arises “out of” the employment when it arises because of it, as when the employment is a contributing cause. The injury must not only arise out of but also in the course of employment, neither alone being sufficient.’ Maryland Casualty Co. v. Brown, 48 Ga. App. 822 (3) (173 S. E. 925). The burden of…
2Cases cited15 opinions
- Maryland Casualty Co. v. EnglandSupreme Court of Georgia · 1925
- Cooper v. Lumbermen's Mutual Casualty Co.Supreme Court of Georgia · 1934
- Georgia Casualty Co. v. MartinSupreme Court of Georgia · 1924
- Employers Liability Assurance Corp. v. WoodwardCourt of Appeals of Georgia · 1936
- Banks v. Ellijay Lumber Co.Court of Appeals of Georgia · 1938
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Moore v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1961
- Hardware Mutual Casualty Co. v. KingCourt of Appeals of Georgia · 1961
- United States Fidelity & Guaranty Co. v. DoyleCourt of Appeals of Georgia · 1957
- Goldstein v. DrexlerCourt of Appeals of Georgia · 1960
- Samples v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1959
1 more not listed; retrieve them via the Exa API.