34 Ga. App. 658 | Ga. Ct. App. | 1925
(After stating the foregoing facts.) In Western & Atlantic Railroad Co. v. Beason, 112 Ga. 553 (2) (37 S. E. 863), it was held that the real test as to whether declarations are admissible as a part of the res gestse is, were they “a part of the occurrence to which they relate, or were they a mere narrative concerning something which had fully taken place and had therefore become a thing of the past.” In Atlanta, K. & N. R. Co. v. Gardner, 122 Ga. 82 (11) (49 S. E. 818), the Supreme Court held that on the trial of an action for damages for personal injuries, “complaints made by the plaintiff to her attending physician of pains in designated portions of her body were not admissible in evidence in her favor, unless made under such circumstances as to be equivalent to spontaneous and involuntary exclamations or outcries, groans, convulsive movements, and other physical manifes
Counsel for plaintiff in error says that “Just as every wrong has its remedy in the law, every fact should be capable of some legal proof.” But in the juridical sense the court can not know that the fact exists until there is proof of it. The statement of counsel would illogically assume its existence in order to let in the proof, whereas the proof should come first. Otherwise, there is no fact to deal with. Hearsay is without probative value. Eastlick v. Southern Ry. Co., 116 Ga. 48 (42 S. E. 499).
It is necessary, before compensation may be allowed for hernia, that the claimant definitely prove, among other things, that there was an injury which resulted therein. See paragraph e, § 2, of the workmen’s compensation act; Ga. L. 1920, p. 167. There was no evidence in this case, outside of hearsay, that the employee suffered any injury whatever. The industrial commission committed no error in its rulings or in rendering the judgment complained of. Indeed, its findings appear to have been demanded under the record. It is not necessary to determine at this time what would constitute an injury as distinguished from the hernia itself, since, in the present case, there was no competent evidence of anything
Judgment affirmed.