Smith v. Travelers Ins. Co.

• Court: Georgia Court of Appeals
• Citation: Smith v. Travelers Ins. Co., 71 Ga.App. 24, 29 S.E.2d 709 (Ga. App. 1944)
• Decision Date: 08 April 1944
• Docket Number: 30350,30351.
• Parties: SMITH et al. v. TRAVELERS INS. CO. et al. TRAVELERS INS. CO. et al. v. SMITH et al.

29 S.E.2d 709

71 Ga.App. 24

SMITH et al. v. TRAVELERS INS. CO. et al.

TRAVELERS INS. CO. et al. v. SMITH et al.

Nos. 30350, 30351.

Court of Appeals of Georgia, Division No. 2.

April 8, 1944

This is a workman's compensation case. Fred C. Smith, the employee, age 24, was killed by an accident arising out of and in the course of his employment. His mother, Mrs. Fred C Smith, an invalid sister, Miss Cornelia Slaton Smith, and another sister, Miss Katheryn Lang Smith, filed their claim for compensation as dependents of the deceased employee. The hearing director held that the mother and invalid sister were partially dependent on the deceased employee and awarded compensation in the amount of $8.50 per week, which is an award for 85 per cent. of one-half of $20, found to have been the weekly contribution to the dependents at the time of the employee's death. The board affirmed the award of the hearing director. The employer and insurance carrier appealed to the superior court, contending: (1) That the mother was not dependent, and (2) that the compensation board failed to deduct and make allowance for the board and lodging of the employee, who lived with his mother and sisters. The court sustained the second ground of the appeal and remanded the case for proper deduction to be made for the employee's board and lodging, and denied the appeal as to the other ground. There was no appeal from the board's finding that Katheryn Lang Smith was not a dependent. The mother and invalid sister excepted to the judgment of the superior court, and the employer and insurance carrier brought a cross-bill of exceptions, assigning error on the affirmance of the ruling that the mother was a dependent.

Clarence R. McLanahan, of Elberton, and T. Elton Drake and Wm. E Ball, both of Atlanta, for plaintiffs in error.

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

PARKER Judge (after stating the foregoing facts).

1. The court did not err in reversing the award as made and in remanding the case for further consideration and in directing that proper allowance be made for the board and lodging of the deceased employee. It stands to reason that the mother and invalid sister cannot be said to have been dependent on the adult son and brother in the amount of the reasonable cost of his board and lodging, of which he was the sole recipient. See Barker v. Reynolds, 94 Ind.App. 29, 179 N.E. 396.

2. The court did not err in holding that the board was authorized to find that the mother was partially dependent on the deceased. Mrs. Smith testified that she and the decedent and her two daughters lived in an apartment in Athens, Georgia; that she worked...