11 S.E.2d 367 | Ga. Ct. App. | 1940
The court erred in affirming the award of the Industrial Board granting compensation to the claimant.
The decision of this case turns on the question whether or not the deceased, at the time of his injury, was acting in the course of and within the scope of his employment. If the claimant was an independent contractor at the time of his accident, the accident is not compensable. The burden of showing that the accident arose both out of and in the scope of employment was on the claimant. Independence Indemnity Co. v. Sprayberry,
Judgment reversed. Stephens, P. J., and Sutton, J.,concur. *440