FRANCIS v. LIBERTY MUTUAL INS. CO.

36449.

95 Ga. App. 225 (1957)

97 S.E.2d 553

FRANCIS et al. v. LIBERTY MUTUAL INSURANCE CO. et al.

Court of Appeals of Georgia.

Decided February 26, 1957.


Attorney(s) appearing for the Case

Emory L. Rowland, for plaintiffs in error.

Mallory C. Atkinson, Anderson, Anderson, Walker & Reichert, contra.


FELTON, C. J.

It is too well settled to require citation that the burden of proof is on the claimants to prove that the accident arose out of and in the course of employment.

The defendants admit that the death occurred in the course of employment but deny that the death arose out of the employment. "The terms `in the course of' and `out of' are not synonymous. Both must concur to render the case a compensable one." Maryland Casualty Co. v. Peek...

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