Horn v. Planters' Prod.S Co, (No. 19732.)

• Citation: 151 S.E. 552,40 Ga.App. 787
• Decision Date: 24 January 1930
• Docket Number: (No. 19732.)
• Parties: HORN. v. PLANTERS' PRODUCTS CO.
• Court: United States Court of Appeals (Georgia)

40 Ga.App. 787

151 S.E. 552

HORN.

v.PLANTERS' PRODUCTS CO.

(No. 19732.)

Court of Appeals of Georgia, Division No. 2.

Jan. 24, 1930.

(Syllabus by Editorial Staff.)

Error from Superior Court, Seminole County; M. J. Yeomans, Judge.

Suit by E. A. Horn against the Planters' Products Company. Judgment for defendant, and plaintiff brings error. Affirmed.

H. G. Rawls and R. L. Cox, both of Donalsonville, and P. D. Rich, of Bainbridge, for plaintiff in error.

Bryan & Middlebrooks, of Atlanta, and J. T. Goree, of Donalsonville, for. defendant in error.

Syllabus Opinion by the Court.

JENKINS, P. J. [1] 1. Under the provision of the Workmen's Compensation Act, the rights and remedies therein granted "where he and his employer have accepted the provisions of this Act respectively to pay and accept compensation on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents or next of kin, at common law or otherwise on account of such injury, loss of service or death." Ga. L. 1920, pp. 167, 176, § 12: Michie's Code (1926) § 3154 (12). The use of the word "accident" in the section just quoted, as well as in section 2 (d) (Michie's Code (1926), § 3154 (2) (d), was not intended to exclude from the operation of the statute injuries chargeable to negligence on the part of either the employer or the employee, but the word is used for the purpose of distinguishing the kind of injuries dealt with by the statute from diseases not naturally growing out of injuries arising out of and in the course of employment, from injuries caused by the willful act of a third person directed against such employee, for reasons personal to such employee (Michie's Code (1926), § 3154 (2) (d), and from willful misconduct on the part of the employee. Ga. L. 1920, pp. 167, 177, § 14; Michie's Code (1926), § 3154 (14). "One of the main objects of the Workmen's Compensation Act was to enable an injured employee to recover from an employer when, of course, he comes under the act, according to a scheduled and limited rate of compensation, regardless of assumption of risk or whose negligence caused the injury; thus assuring the employee of some compensation for the injury and assuring the employer that his liability will be limited." Critchfield v. Aikin, 33 Ga. App. 668, 672, 127 S. E. 816, 818.

2. According to the provisions of the Workmen's Compensation Act, "Employee shall include every person, including a minor in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in usual course of the trade, business, occupation or profession of the employer and, as hereinafter-set out. Minors are included even though working in violation of any child labor law or other similar statute, provided that nothing herein contained shall be construed as...