U. S. FIDELITY &c. CO. v. PHILLIPS

37158.

97 Ga. App. 729 (1958)

104 S.E.2d 542

UNITED STATES FIDELITY & GUARANTY COMPANY et al. v. PHILLIPS.

Court of Appeals of Georgia.

Decided June 23, 1958.


Attorney(s) appearing for the Case

Hardin, McCamy & Minor, Carlton McCamy, for plaintiffs in error.

Adams & McDonald, Isaac C. Adams, contra.


TOWNSEND, Judge.

1. Where one in sport or horseplay tampers with a pistol belonging to another, such acts not being properly within the course or scope of his employment, and thus creates a situation as a result of which he is accidentally shot by the owner of the pistol, the death is not compensable under the Workmen's Compensation Act. Georgia Casualty Co. v. Martin, 157 Ga. 909 (122 S. E. 881). Likewise, it was held in United States Fidelity &...

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