PACIFIC INDEMNITY INS. CO. v. EBERHARDT

39826.

107 Ga. App. 391 (1963)

130 S.E.2d 136

PACIFIC INDEMNITY INSURANCE COMPANY v. EBERHARDT.

Court of Appeals of Georgia.

Rehearing Denied February 5 And February 26, 1963.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Earl J. Van Gerpen, Frank Love, Jr., for plaintiff in error.

Smith, Field, Ringel, Martin & Carr, Palmer H. Ansley, Meade Burns, Jr., contra.


JORDAN, Judge.

The defendants' appeal in this case is predicated upon two contentions: (1) that the claimant's husband's death did not occur out of and in the course of his employment; and (2) that the claim is barred by the provisions of Code § 114-105, since the evidence demanded the finding that the death of the claimant's husband was caused by intoxication and by his wilful failure to perform a duty required by a statute.

1. Under the decision...

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