180 Ga. 266 | Ga. | 1935
The proceeding was not an action by an employee against his employer for damages for failure to provide a safe place in which to work, or for other cause, but was a statutory proceeding under the Georgia workmen’s compensation act (Ga. L. 1920, p. 167; Code of 1933, § 114-101 et seq.), which provides for compensation by an employer to his employee for an injury by accident “arising out of and in the course of employment.” Beferring to the act, it was said, in Georgia Casualty Co. v. Martin, 157 Ga. 909, 915 (122 S. E. 881) : “The workmen’s compensation act in part is intended ‘to establish rates of compensation for personal injuries or death sustained by employees in the course of employment.’ In subsection (d) of subsection (8) of section 2 of the act, ‘ “injury” and “personal injury” shall mean only injury by accident arising out of and in course of the employment.’ Conceding that the accident in question here arose in the course of the employment, as the commissioner found, did it arise ‘out of’ the employment? The commissioner found that it did not. This finding was sustained, on appeal, bjf the full commission, and then sustained in the superior court by a judgment rendered upon appeal to that tribunal. The finding upon the issues of fact by the commission is conclusive as to those issues in the reviewing court, if there is any evidence to sustain it. And we are of the opinion that the commissioner hearing the case was fully authorized, under the facts submitted for his consideration at the hearing, to hold that the accident which resulted in the death of Martin did not arise out of his employment, and that the claimant was not entitled to recover compensation under the provisions of the workmen’s compensation act.” See also Atlantic Refining Co. v. Sheffield, 162 Ga. 656 (134 S. E. 761). If it be conceded in the instant case that the injury arose in the course of employment, did it arise out of the employment? Earr testified that it arose after he had “knocked off” from his work, and while he was preparing to eat his lunch. His preparation for lunch and his eating lunch was
Judgment reversed.