17 S.E.2d 286 | Ga. Ct. App. | 1941
Where the evidence disclosed that the insured was a one-horse farmer, that as such the basic essential element of his work was the actual tilling of the soil, that the substantial parts of the duties which he usually performed in tilling the soil were the preparation of the soil for planting his crop by plowing, the putting out of fertilizer, the running of the seed drill, the cultivation of the crop by plowing and hoeing and other field work, and the harvesting of the crop, which, together with such collateral duties as cutting wood and digging stumps and the like he usually and customarily performed before his disability, but that he was unable to do these things after the disability, although he could perform such duties as feeding the stock, making or supervising the making of repairs on his farm, and, most of the time, supervising the work on the farm, though some days he was unable to do even this, which duties were only collateral to the tilling of the soil, Held: The jury was authorized to find that the insured was totally and permanently disabled within the terms of the policy.
"Total disability exists when one is wholly disabled from pursuing the usual and customary duties of his employment on which he depends for a living." Cato v. AEtna Life Ins. Co.,
Federal Life Insurance Co. v. Hurst,
It is not without difficulty that cases of this character are decided. However, in the instant case the jury was the judge of the issues of fact, and having resolved these issues in favor of the plaintiff and its finding being authorized by the evidence, this court can not interfere. Mutual Life Insurance Co. v.Childs,
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.