London Guarantee & Acc. Co. v. Herndon
| Decision Date | 16 March 1950 |
| Docket Number | No. 32980,No. 2,32980,2 |
| Citation | 58 S.E.2d 510,81 Ga.App. 178 |
| Parties | LONDON GUARANTEE & ACCIDENT CO. et al. v. HERNDON |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The findings of fact of the Board of Workmens' Compensation are here supported by some evidence, and, no fraud appearing, are conclusive on this Court. Such findings are, in the instant case, sufficient to support the award.
Mrs. Helen Bland Herndon, herein referred to as the claimant, widow of Donald W. Herndon, filed an application under the Workmen's Compensation Law against Portland Cement Association, the employer, and its insurance carrier, London Guarantee and Accident Company. The claim was for compensation for the death of her husband who was alleged to have met his death by reason of an accident arising out of and in the course of his employment.
The Board, acting by and through a Deputy Hearing Officer entered an award in favor of the claimant which was appealed to the full Board and there affirmed. The employer and its insurance carrier then appealed to the Superior Court of Fulton County contending that the Directors for specified reasons, acted in excess of their powers; that there was not sufficient competent evidence in the record to warrant the Directors in making their order and award complained of; and that the same was contrary to law. The judge of the Superior Court entered judgment affirming the Board of Workmen's Compensation and denying the appeal. This judgment is assigned as error.
Smith, Partridge, Field, Doremus & Ringel, Atlanta, for plaintiffs in error.
Newell Edenfield, Atlanta, B. D. Murphy, Atlanta, for defendant in error.
TOWNSEND, Judge (after stating the foregoing facts.)
From the stipulated facts and the evidence as disclosed by the record, the Board of Workmen's Compensation were authorized to find facts substantially as follows: That the claimant is the widow of the deceased Donald W. Herndon; that he was also the father of Saranne Herndon, a minor child approximately 6 years of age at the time of the death; that he was a soil cement engineer of the employer and his duties consisted in helping engineers in the preliminary retesting of soils and working up specifications on the proper content and proper cement content for such soils; that he worked with contractors and engineers who were employed by contractors in this type of work and his duties generally were designed to help promote the sale and use of cement; that he travelled in several southeastern states, including Florida; that during February, 1949, he was sent to Daytona Beach, Florida, where he continued to work for the employer until March 3, 1949; that his salary was $400.00 per month in addition to his actual travelling and living expenses; that he had no particular hours and was subject to the performance of the duty for which he was employed at any and all hours; that his customary practice was to make out his reports of the day's activities at night after the evening meal; that on March 3, 1949, and for some time prior thereto his wife and child were staying with him on this location and they were living together in an apartment in Daytona Beach; that this apartment was not equipped for the preparation of meals, and on this particular evening Herndon drove his wife and daughter over to Daytona some distance away, where there was available a restaurant which they customarily patronized; that after this meal and upon returning to Daytona Beach, instead of using the regular highway to their cottage, he drove down the beach road; that he used this route both as a means of getting back home where he could complete his day's work and to view the beauty of the ocean along the beach in the early twilight; that along this route there were turn-outs at increasingly distant intervals where cars using the beach road could turn back toward the main highway; that either inadvertently or intentionally, Herndon passed the turn-out nearest the location of his cottage and did not come to another turn-out until some distance down the beach, the exact distance not being clear from the evidence; that, however, upon reaching what appeared to be another turn-out, and it being agreed between the...
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Ray Bell Const. Co. v. King
...the place where he was employed to be and at a time he was employed to be in that general proximity." London Guarantee, etc., Co. v. Herndon, 81 Ga.App. 178, 181, 58 S.E.2d 510 (1950). It is undisputed that King engaged in a personal mission unrelated to his employment when he delivered fam......
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Frederick v. Younger Van Lines
...(10 Cir., 1943) 135 F.2d 584, a case arising under the New Mexico Workmen's Compensation Law. Also see London Guarantee and Accident Co. v. Herndon, 81 Ga.App. 178, 58 S.E.2d 510; Sanford v. A. P. Clark Motors, Inc., (Fla.1950), 45 So.2d 185; Ortega v. Ed Horrell & Son, 89 Ariz. 370, 362 P.......
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Heidtman v. Nevada Indus. Commission, 4448
...Commission, 220 Wis. 122, 264 N.W. 492. Examples of the decisions supporting the minority views are: London Guarantee & Accident Co. v. Herndon, 81 Ga.App. 178, 58 S.E.2d 510; Macon Dairies v. Duhart, 69 Ga.App. 91, 24 S.E.2d 732; Sawtell v. Stern Bros. & Co., 226 Mo.App. 485, 44 S.W.2d Dug......
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Thomas v. Certified Refrigeration, Inc.
...as whether the personal mission was completed and the employee was returning to the business route. See London Guarantee & Accident Co. v. Herndon, 81 Ga.App. 178, 58 S.E.2d 510 (1950). In that case an employee was returning home to make out business reports, but drove past the turn nearest......