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Mize v. Questor Corp.

Court of Appeals of Georgia
Feb 25, 1974
206 S.E.2d 97 (Ga. Ct. App. 1974)

Opinion

49019.

ARGUED FEBRUARY 6, 1974.

DECIDED FEBRUARY 25, 1974. REHEARING DENIED MARCH 18, 1974.

Action for damages. DeKalb Superior Court. Before Judge Dean.

Haas, Holland, Levison Gibert, Richard N. Hubert, for appellant.

Powell, Goldstein, Frazer Murphy, Frank Love, Jr., Randall L. Hughes, Neely, Freeman Hawkins, William Q. Bird, for appellee.


1. Since no constitutional attack was made below, or if made none was ruled upon by the trial court with reference to a portion or portions of the Workmen's Compensation Act which are complained of, the attack made on this appeal, for that reason, cannot be considered, and this court has jurisdiction of the appeal. Wiggins v. City of Macon, 224 Ga. 603 ( 163 S.E.2d 747).

2. Under the rulings made as to alleged negligence of the insurance carrier in making or in failing to make inspections of the working premises in Mull v. Aetna Cas. Surety Co., 120 Ga. App. 791 ( 172 S.E.2d 147); Mull v. Aetna Cas. Surety Co., 226 Ga. 462 ( 175 S.E.2d 552); as to exclusion by the Act of common law remedies against the employer — even as to alleged wilful misconduct — in Southern Wire Iron, Inc. v. Fowler, 217 Ga. 727 ( 124 S.E.2d 738); as to a spouse's lack of a claim or right of action for loss of consortium in Gulf States Ceramic v. Fenster, 228 Ga. 400 ( 185 S.E.2d 801); and as to alleged wilful misconduct and wanton disregard by the employer of dangerous conditions existing in Yancey v. Green, 129 Ga. App. 705 ( 201 S.E.2d 162), which are dispositive of all issues properly before us for review, the judgments complained of are affirmed.

Judgment affirmed. Pannell and Evans, JJ., concur.

ARGUED FEBRUARY 6, 1974 — DECIDED FEBRUARY 25, 1974 — REHEARING DENIED MARCH 18, 1974 — CERT. APPLIED FOR.


Summaries of

Mize v. Questor Corp.

Court of Appeals of Georgia
Feb 25, 1974
206 S.E.2d 97 (Ga. Ct. App. 1974)
Case details for

Mize v. Questor Corp.

Case Details

Full title:MIZE v. QUESTOR CORPORATION

Court:Court of Appeals of Georgia

Date published: Feb 25, 1974

Citations

206 S.E.2d 97 (Ga. Ct. App. 1974)
206 S.E.2d 97

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