Legal Opinion · Dissent

Gibbons v. Maryland Casualty Co.

Court of Appeals of Georgia

Decided December 2, 1966No. 42104Published

1DissentEberharbt, Judge

The evidence in this record demands a finding that Dorothy Gibbons voluntarily abandoned her husband and that the abandonment continued at the time of the accident from which he died.

She testified that “In September of 1950 I moved to McKeesport, Pennsylvania,” and that “The day before I left [Thomas Gibbons, my husband] asked me not to go and I left anyway. . . . I left with my aunt and I had to go to his house to get *797Nathaniel. . . He wanted me to stay but I went on.” True enough, she also testified that he visited her twice in McKeesport between the time she went there in 1950 and the time…

2Cases cited7 opinions

  1. Steele v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
  2. Davis v. AkridgeSupreme Court of Georgia · 1945
  3. McDaniel v. Employers Mutual Liability InsuranceCourt of Appeals of Georgia · 1961
  4. Irvin v. LockeSupreme Court of Georgia · 1946
  5. Johnson v. StateSupreme Court of Georgia · 1960

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