Wardell v. Richmond Screw Anchor Co.

Deen, Presiding Judge.

The main defense urged was that since the injury took place in South Carolina, since Georgia has adopted the rule that the lex loci controls the substantive issues in transitory tort actions, since under South Carolina law the defendants are statutory employers, and since a common law tort action cannot be brought against an employer who is subject to workmen’s compensation laws, this action cannot proceed against these defendants. Let us examine these premises:(a) It is conceded that the injury occurred in South Carolina and that the tort is transitory in nature.(b) In…