34 Ga. App. 409 | Ga. Ct. App. | 1925
This case arose under the workmen’s compensation law of Georgia. The defendant in error filed a claim with the industrial commission, asserting a right to recover compensation on account of the death of her husband while he was in the employ of the Georgia Railway & Power Company. The case was tried by one of the commissioners, who denied to the applicant the right to recover. The findings of fact by the commissioner, his “decision and judgment,” were in part as follows: “At about 6:45 a. m., January 30, 1924, in the City of .Dalton, Whitfield county, Georgia, S. T. Clore, an employee of the Georgia Railway & Power Company, was killed by a passenger-train on the track of the Nashville, Chattanooga & St. Louis Railroad, a distance of about 250 yards from the substation of the employer in this case. The accident occurred about fifteen minutes before the hour of beginning work. . . As this accident was one that did not arise out of and in the course of the employment of Mr. Clore, the accident having occurred upon the right of way of the N., C. & St. L. Railway, before the premises of the employer were reached, and there being no evidence that the contract of employment was of such nature as to take care of the risk of the employee going and returning from his work, an award must be denied and the case dismissed.”
The deceased was killed on his way to work at a substation of the Georgia Railway & Power Company, and before he reached the premises of the company, and while he was walking along a route of his own selection. In order that there may be a recovery under the provisions of the workmen’s compensation act as amended
The decision of the commissioner, denying compensation to the applicant, is supported by the evidence, and the judge of the superior court erred in overruling his judgment.
Judgment reversed.