SAMPLES v. LIBERTY MUTUAL INS. CO.

37450.

99 Ga. App. 41 (1959)

107 S.E.2d 574

SAMPLES v. LIBERTY MUTUAL INSURANCE COMPANY et al.

Court of Appeals of Georgia.

Decided February 2, 1959.


Attorney(s) appearing for the Case

J. Hugh Rogers, Ward Matthews, for plaintiff in error.

Greene, Neely, Buckley & DeRieux, Burt DeRieux, James H. Moore, contra.


QUILLIAN, Judge.

1. It has long been axiomatic that for an accidental injury to be compensable under the terms of the Workmen's Compensation Act, it is encumbent upon the injured employee, where his claim for compensation is controverted by the employer, to established that the accidental injury sustained "arose out of and in the course of his employment," and

2. The terms "arose out of" and "in the course of" the employment are not synonymous. Both must concur...

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