ARMOUR & CO. v. LITTLE

33483.

83 Ga. App. 762 (1951)

64 S.E.2d 707

ARMOUR & CO. v. LITTLE.

Court of Appeals of Georgia.

Decided April 25, 1951.


Attorney(s) appearing for the Case

R. D. Smith, for plaintiff in error.

Robert R. Forrester, John T. Ferguson, contra.


TOWNSEND, J.

(After stating the foregoing facts.) The applicable part of Code § 114-105 is as follows: "No compensation shall be allowed for an injury or death due to the employee's wilful misconduct, including . . wilful failure or refusal to use a safety appliance. . . The burden of proof shall be upon him who claims an exemption or forfeiture under this section." In consequence, the burden of providing that Little's failure to use the metal rake to disengage...

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