Armour & Co. v. Price

Decision Date03 April 1946
Docket Number31201.
Citation37 S.E.2d 634,73 Ga.App. 676
CourtGeorgia Court of Appeals
PartiesARMOUR & CO. v. PRICE.

Smith, Kilpatrick, Cody, Rogers & McClatchey, of Atlanta, for plaintiff in error.

William Hall, of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

PARKER, Judge.

1. The award made by a single director, and affirmed upon review by the State Board of Workmen's Compensation, and by the superior court on appeal, was supported by the evidence, and in the absence of fraud such award is conclusive and cannot be set aside by this court. See Davis v. American Mutual Liability Insurance Co., 72 Ga.App. 783, 35 S.E.2d 203, and Reeves v. Royal Indemnity Co., Ga.App. 35 S.E.2d 473.

2. There was ample evidence to support the finding that the claimant was justified in refusing the employment offered after the injury was sustained, and the claimant was not barred from receiving compensation because of the provisions of the Code, § 114-407.

Affirmed.

SUTTON, P. J., and FELTON, J., concur.

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5 cases
  • Atl. Co v. St.Man
    • United States
    • Georgia Court of Appeals
    • 18 Junio 1948
    ...Fire and Life Ins. Co., 72 Ga. App. 127, 33 S.E.2d 273; Reeves v. Royal Indemnity Co., 73 Ga. App. 2, 35 S.E. 2d 473; Armour & Co. v. Price, 73 Ga. App. 676, 37 S.E.2d 634. We think this case is controlled by the well-settled principles announced in the authorities cited. Judgment affirmed.......
  • Atlantic Co. v. Streetman
    • United States
    • Georgia Court of Appeals
    • 18 Junio 1948
    ... ... Co., 72 ... Ga.App. 127, 33 S.E.2d 273; Reeves v. Royal Indemnity ... Co., 73 Ga.App. 2, 35 S.E.2d 473; Armour & Co. v ... Price, 73 Ga.App. 676, 37 S.E.2d 634. We think this case is ... controlled by the well-settled principles announced in the ... ...
  • Employers Ins. Co. of Ala. v. Bass
    • United States
    • Georgia Court of Appeals
    • 9 Marzo 1950
    ...73 Ga.App. 2, 35 S.E.2d 473. See also Davis v. American Mutual Liab. Ins. Co., 72 Ga.App. 783(1), 35 S.E.2d 203, and Armour & Co. v. Price, 73 Ga.App. 676(1), 37 S.E.2d 634. Except in plain and indisputable cases the question of whether one is an employee within the meaning of the Workmen's......
  • Armour & Co v. Price, 31201.
    • United States
    • Georgia Court of Appeals
    • 3 Abril 1946
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