FISHTEN v. CAMPBELL COAL CO.

36558, 36559.

95 Ga. App. 410 (1957)

98 S.E.2d 179

FISHTEN v. CAMPBELL COAL CO. et al. FISHTEN, Guardian v. CAMPBELL COAL CO. et al.

Court of Appeals of Georgia.

Decided April 2, 1957.


Attorney(s) appearing for the Case

Adair & Goldthwaite, Clarence J. Jackson, for plaintiff in error, case No. 36558.

Moise, Post & Gardner, Harry E. Monroe, contra.

Joe Salem, for plaintiff in error, case No. 36559.

Moise, Post & Gardner, Harry E. Monroe, contra.


FELTON, C. J.

1. We will first consider Case No. 36558. On the review, the employer relied on the same evidence that was adduced at the first hearing. It contends that it is not precluded by the doctrine of res judicata and gave the following argument in support of such contention: "The Georgia act, in Ga. Code, Ann., 114-414 states: `The following persons shall be conclusively presumed to be the next of kin wholly dependent for support upon the deceased employee...

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