Hartford Acc. & Indem. Co. v. Waters

Decision Date24 October 1952
Docket NumberNo. 34237,No. 1,34237,1
Citation87 Ga.App. 117,73 S.E.2d 70
CourtGeorgia Court of Appeals
PartiesHARTFORD ACCIDENT & INDEMNITY CO. et al. v. WATERS

Mrs. Grady Waters filed a claim for compensation against Oconee Textile Mills, Inc., where the deceased, the claimant's husband, was employed, and its carrier. On May 11, 1951, at about 7 a. m., he reported to work and was given the job of brushing lint from the head ends and foot ends of spinning frames with a broom from which most of the handle had been cut and which weighed from two to four pounds. The deceased had been performing this duty from five to fifteen minutes when he became dizzy and fainted. He was removed from the building in an unconscious state and while awaiting an ambulance he was perspiring and breathing heavily. He was removed to a hospital where he was attended by Drs. James A. Green and Tony Gallis. These doctros treated the deceased at the hosital until his death on May 18, 1951. Their diagnosis of the cause of the deceased's death was subarachnoid or cerebral hemorrhage.

At the hearing Dr. Henry Holliday testified: that exertion or anything that might raise blood pressure where there is a weakened vessel might precipitate the rupture of the vessel; that he did not treat the deceased and had not seen his medical record; that a cerebral hemorrhage might result from an injury, exertion or from some pathological condition; that he could not say what caused the deceased's hemorrhage.

Dr. Anthony Gallis testified: that he and Dr. James Green treated the deceased until his death; that the predominant cause of cerebral hemorrhage is hypertension, or gigh blood pressure, with arteriosclerosis, depending on the age of the patient; that the deceased had hypertension; that the deceased could have suffered this hemorrhage on the street, or in bed. In answer to a hypothetical question as to whether the deceased's exertion in performing his sweeping duties had anything to do with his having a hemorrhage, Dr. Gallis answered: 'Well, that is a very difficult question to answer. Medical textbooks say that any exertion of any kind will bring about a condition like this, but it all depends on the amount of exertion. It [they] don't say going up the hill or severe exercise, or any sort of exertion will bring [it] about, but he has to have some predominant pathological condition in the brain such as arteriosclerosis or hypertension, to bring about cerebral hemorrhage.' In answer to the question if in his opinion the...

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  • Reynolds Const. Co. v. Reynolds
    • United States
    • Georgia Court of Appeals
    • July 14, 1995
    ...claimant asserted that job-related physical exertion caused or contributed to a stroke. Videtto, supra; Hartford Accident & Indem. Co. v. Waters, 87 Ga.App. 117, 73 S.E.2d 70 (1952). Although the "natural inference" has been applied in cases where mental stress, worry, or excitement has bee......
  • U.S. Cas. Co. v. Thomas, 39585
    • United States
    • Georgia Court of Appeals
    • July 3, 1962
    ...with the advancement of scientific knowledge through research to find that the 'unless and until' condition of Hartford Accident & Ind. Co. v. Waters, 87 Ga.App. 117, 73 S.E.2d 70 is subject to some adjustment, particularly in connection with coronary occlusions--if it has any application T......
  • Muhammad v. Laidlaw Transit, Inc.
    • United States
    • Alabama Supreme Court
    • June 24, 2005
    ...of this statement: Public Service Co. v. Industrial Commission, 189 Colo. 153, 538 P.2d 430 (1975); Hartford Accident & Indemnity Co. v. Waters, 87 Ga.App. 117, 73 S.E.2d 70 (1952); Hanna v. Edward Gray Corp., 197 Kan. 793, 421 P.2d 205 (1966); Eagles v. Golden Cove, Inc., 260 S.C. 113, 194......
  • Brown Transport Corp. v. Jenkins
    • United States
    • Georgia Court of Appeals
    • July 5, 1973
    ...Co. v. Floyd, 122 Ga.App. 87, 89, 176 S.E.2d 269. Or it may be shown by knowledge from human experience. Hartford Acc. & Indem. Co. v. Waters, 87 Ga.App. 117, 73 S.E.2d 70; Davis v. Cobb County, 106 Ga.App. 336(1), 126 S.E.2d 710. Presumptive evidence may exist in any case without the testi......
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