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ADDINGTON v. OHIO SOUTHERN EXPRESS, INC.

43762.

118 Ga. App. 770 (1968)

165 S.E.2d 658

ADDINGTON v. OHIO SOUTHERN EXPRESS, INC. et al.

Court of Appeals of Georgia.

Decided November 4, 1968.

Rehearing Denied December 5, 1968.

Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Warner R. Wilson, Jr., Frank Love, Jr., Luther Hames, for appellant.

Troutman, Sams, Schroder & Lockerman, Robert L. Pennington, Allen E. Lockerman, William H. Schroder, Jr., for appellees.

FELTON, Chief Judge.

"The sustaining of actionable injury is, under the statute [Code § 68-612 (Ga. L. 1931, pp. 199, 203)], the only condition precedent to a suit on the policy. When actionable injury is alleged in a suit on the policy, the terms of the statute are complied with, and the petitioner upon proper proof of the injury is entitled to recover on the policy. The cause of action is not on the tort; but on the contract by alleging...

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