MERRY BROTHERS BRICK & TILE COMPANY v. NEELY

38773.

103 Ga. App. 616 (1961)

120 S.E.2d 137

MERRY BROTHERS BRICK & TILE COMPANY v. NEELY.

Court of Appeals of Georgia.

Rehearing Denied May 2, 1961.


Attorney(s) appearing for the Case

Hull, Willingham, Towill & Norman, Walter A. Reiser, Jr., for plaintiff in error.

Eugene M. Kerr, contra.


FELTON, Chief Judge.

Where the claimant's husband died of a heart attack while on the job, having been advised by a physician following an earlier diagnosis of angina pectoris and coronary insufficiency that he could continue to drive a truck in his employment if he felt like it, decedent's failure to notify his employer of his heart condition and his continuing to drive a loaded truck with knowledge of his condition did not amount to such "wilful misconduct," under...

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