United States Fidelity & Guaranty Co. v. Phillips

Townsend, Judge.

1. Where one in sport or horseplay tampers with a pistol belonging to another, such acts not being properly within the course or scope of his employment, and thus creates a situation as a result of which he is accidentally shot by the owner of the pistol, the death is not compensable under the Workmen’s Compensation Act. Georgia Casualty Co. v. Martin, 157 Ga. 909 (122 S. E. 881). Likewise, it was held in United States Fidelity &c. Co. v. Green, 38 Ga. App. 50 (142 S. E. 464), that were the accidental discharge of a pistol by a fellow employee occurs in a situation where it…