SMITH v. UNITED STATES FIDELITY &c. CO.

36316.

94 Ga. App. 507 (1956)

95 S.E.2d 35

SMITH v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Court of Appeals of Georgia.

Decided October 25, 1956.


Attorney(s) appearing for the Case

William F. Woods, Woods & Southard, for plaintiff in error.

M. D. McLendon, Bryan, Carter, Ansley & Smith, contra.


CARLISLE, J.

1. "`An injury arises "in the course of the employment" when it occurs within the period of the employment, at a place where the employee reasonably may be in the performance of his duties, and while he is fulfilling those duties or engaged in doing something incidental thereto. An accident arises "out of" the employment when it arises because of it, as when the employment is a contributing cause. The injury must not only arise out of but also in the...

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