*1 concurs judgment. 4 and in the Division 21,

Troutman, Sanders, Ashmore, L. Lockerman & Robert Flint, H. David for appellant. Pennington, Nash, Savell, Williams, Angel, Henry Angel, Elmer L. Cox appellees. et al. v. COMPANY CASUALTY

48570. CONTINENTAL THOMPSON. Claimant’s case. workmen’s Judge. This is a

Evans, and steamfitter pipe as a employed was husband on premises performed was to be employer. The from home of the county in a different located employee. shift, At a 12 left his work at 7:00 a.m.

He worked hour and 7:30 a.m. he killed on between approximately highway was worked) (where Simons, Georgia he and St. Mary’s, Georgia lived). (where he required the union was employment

Under one hour’s when did not pay County. from the transportation Glynn not to and from the furnished on Transportation County, Georgia. which located Camden job, residing at a ten miles had been motel temporarily killed, he south of and nearer to spot was his home. true substantially found the facts to be deputy director above off work shortly deceased was killed to his while he was his most route from the jobsite on direct home; that he an out of and injury arising sustained accidental death; and employment produced in the course which his The full funeral compensation, awarded medical and board, findings and appeal, approved deputy director’s board, full and award. lower court affirmed the award Held: employer-insurer appeals. employment provide 1. Where terms and conditions of transportation, scope is in the course work; although generally, going employment not injuries going sustained while to and from work are Bolen, North Indemnity Ins. Co. America v. compensable. the workman was injur- ed and from his (he him furnished to *2 injured immediately out the automobile in the thoroughfare) compensation middle and the award of busy Grynkewich, Electric Mut. Liab. Ins. Co. v. 122 Ga. upheld. App. 765 SE2d holds that where to car furnished who drove furnished into employee telephone pole, compensation upheld. the award of should be Co., (186 F. Adams v. United & G. States App. 125 Ga. 232 SE2d 784), a ride in was furnished the employee employee’s car, expense paid of which was to that transport to during the workers. occurred such Injury compensation upheld. and the award of See Corp. Bituminous Cas. v. also Humphries, 271, 91 Ga. 275 App. (85 American Mut. Liab. 456); Casey, Ins. Co. v. SE2d App. 91 Ga. (86 (98 Coram, Federal Co. 697); 694 Ins. v. SE2d 95 Ga. 622 App. Russell, (105 United States Cas. v. 214); SE2d Co. 98 Ga. 181 App. Co., v. 378); (175 Cooper Lumbermen’s Mut. Cas. SE2d 179 256 Ga. Jones, Preserving Lewis Wood Co. 577); SE v. App. (140 Moore, (154 v. 113); Co. SE2d 115 Ga. App. 385). SE2d

2. Here the hired the in employees residing one county perform a different county, part and as a union agreed of one hour at a certain scale.

If the employee prior was not notified to leaving home in the that morning he was not to day, work that he was entitled to pay upon arriving at the jobsite. Thus the element of travel is covered contract of employment and comes general within the rule set out in as the above cited cases. 3. Although there was evidence to show that the employee had been

temporarily residing at a motel which was nearer Island, than was his motel, home on St. Simons this as one traveled from the in the jobsite, opposite direction from route would take to his yet evidence also showed that the employee had traveled from his home to jobsite and had returned to his home from the at various times; and particular this day during the Christmas Season, stronger afforded reasons usual for rather than to Simons Island returning his home on St. showed he was The evidence at the motel. temporary home left his employment, the time he 30 minutes from killed within Thus, Simons Island. of his home the direction headed evidence, findings supported of the board were affirming as to its award not err in the board the lower did court and other Hall, concurs specially. 7, 21, 1973. Wheeler, Goetz, Jr., M. Ansley Charles Long, Weinberg, & appellants. Associates, Palmatary, Hutto

J. S. G. Carroll Both Judge, concurring specially. Supreme "the Presiding rule that down the and this court have laid Court personal as he so that is free use time chooses him, time arises occurring out injury pursuit employment.” and not out of Wilkie v. individual 783). (185 Co., For 124 Ga. *3 "no would contend that claimant would be covered example, the directly provided on a vacation contract.” employer’s right period The test control the Id. The mere of one hour’s travel would question. paying under not in and of itself be here since the be relevant would However, free to use time as he since under the chose. right and from had in lieu it follows Glynn County pay, had the if it saw fit. right control v. MARTIN. 48465. FLANIGAN filed petition against Judge. appellant Quillian, obstruction from remove an ordinary the court appellee appellee, which lands adjoin the lands of private way over appellant. owned property ownership appellant of land alleged petition land in the name of the being ownership adjoining alleged private way over petition further