Hanson v. Globe Indem. Co.

• Court: Georgia Court of Appeals
• Writing for the Court: MacINTYRE
• Citation: Hanson v. Globe Indem. Co., 85 Ga.App. 179, 68 S.E.2d 179 (Ga. App. 1951)
• Decision Date: 05 December 1951
• Docket Number: No. 2,No. 33644,33644,2
• Parties: HANSON v. GLOBE INDEMNITY CO. et al

Page 179

68 S.E.2d 179

85 Ga.App. 179

HANSON v. GLOBE INDEMNITY CO. et al.

No. 33644.

Court of Appeals of Georgia, Division No. 2.

Dec. 5, 1951.

Rehearing Denied Dec. 17, 1951.

W. E. Harclerode, East Point, for plaintiff in error.

Neely, Marshall & Greene, Atlanta, for defendants in error.

Syllabus Opinion by the Court.

MacINTYRE, Presiding Judge.

1. In order for an injury to be compensable under the terms of the workmen's compensation act, it must be occasioned 'by accident arising out of and in the course of the employment'. Code, § 114-102; and

2. Where it appears from the evidence that the employee-claimant sustained her injuries on the employer's premises as the result of the presence on the floor of 'some crackers, [which?] looked like icing and something, in some water,' near one of the machines in the employer's plant, such injuries do not 'arise out of and in the course of the employment,' and are not compensable as a matter of law where it further appears that the injuries occurred during the employee's 'rest period' when she was one her way to the rest room, the disposition to be made of the rest period being the employee's individual affair, and this is true, notwithstanding the employee was to return to work at the end of the fifteen-minute rest period. Aetna Casualty & Surety Co. v. Honea, 71 Ga.App. 569, 31 S.E.2d 421; Gay v. Aetna Casualty & Surety Co., 72 Ga.App. 122, 33 S.E.2d 109; Austin v. General Accident, Fire, & Life Assurance Co., 56 Ga.App. 481, 193 S.E. 86; Ocean Accident & Guarantee Corp. v. Farr, 180 Ga. 266, 178 S.E. 728; and

3. Where, in such circumstances and under the law...