176 Ga. 69 | Ga. | 1932
Lead Opinion
Under the decision in Parker v. Travelers Insurance Co., 174 Ga. 525 (163 S. E. 159), the question propounded by the Court of Appeals, as set forth above, must be answered in the negative. If, as was held in that case, the insurance carrier would “not be estopped, by reason of the issuance of such policy of insurance and the acceptance of premiums thereon, including premiums based upon the salary or wages paid to such officer or official, from denying that the relation of employer and employee existed between such municipal corporation and any such officer or official,” it necessarily follows that the employee would not he estopped to deny the existence of such relation because he has accepted compensation from the insurance carrier. It is a poor rule,that will not work both ways. The payment of compensation by the insurance car
Dissenting Opinion
dissenting. The decision in Parker v. Travelers Insurance Co., 174 Ga. 525 (supra), is controlling upon the question to -be answered if the rulings made in that case are adhered to. That was not a full-bench decision, however, and is not absolutely binding as authority. The writer, though having prepared the decision for the majority in the present case, is of the opinion that the views expressed by the Justices who dissented in the Parker case represent the more reasonable doctrine. Chief Justice Russell joins in this dissent.