Vess v. United Benev. Soc.

• Decision Date: 09 June 1904
• Citation: 47 S.E. 942,120 Ga. 411
• Parties: VESS v. UNITED BENEV. SOC. OF AMERICA.
• Court: Georgia Supreme Court

47 S.E. 942

120 Ga. 411

VESS v. UNITED BENEV. SOC. OF AMERICA.

Supreme Court of Georgia

June 9, 1904

Syllabus by the Court.

1. This was an action to recover benefits under a policy of insurance which provided for the payment of such benefits in the event the insured should "receive personal bodily injuries of which there shall be visible signs effected solely through external, violent, and accidental means, by reason of which *** he shall be immediately, wholly, and continuously disabled, so as to cause a total loss of time, and prevent him during such disability from attending to or performing all of the duties pertaining to his occupation." It appeared from the evidence that when the plaintiff was injured he was not "immediately *** disabled, so as to cause a total loss of time," but that a period of 24 days elapsed from the time of the injury until the plaintiff was first confined to his bed, and that during that period the plaintiff was continuously at his place of business, though not performing the duties usually assigned to him. Held, that the plaintiff's own evidence failed to bring his case within the terms of the contract of insurance, and that the grant of a nonsuit was proper. Williams v. Preferred Ass'n, 17 S.E. 982, 91 Ga. 698.

Error from City Court of Athens; Howell Cobb, Judge.

Action by A. W. Vess against the United Benevolent Society of America. Judgment for defendant, and plaintiff brings error. Affirmed.

C. H. Brand, for plaintiff in error.

W. C. Thomas, for defendant in error.

CANDLER, J.

Judgment affirmed. All the Justices concur.