United States Fidelity & Guaranty Co. v. Croft , 93 Ga. App. 114 ( 1955 )

Felton, C. J.,

dissenting. I dissent from the judgment first because the facts show that the employee had absented himself from the premises of his employer and the duties of his employment to a degree that amounted to a temporary abandonment of his employment. While he was only 25 feet from the premises of his employer he was about a hundred yards from the property he was employed to guard. Secondly, I dissent because the evidence demands the finding that the homicide of the employee was caused by the wilful act of a third person directed against the employee for reasons personal to such employee within the meaning of the law. Code § 114-102. There was no evidence which would authorize the finding that the fact that the employee was a nightwatchman caused or in any way contributed to his death. If there had been any such evidence, it would have brought the case within the exception to the rule stated in the above Code section. Pinkerton National Detective Agency v. Walker, 157 Ga. 548 (122 S. E. 202, 35 A. L. R. 557); American Mutual Liability Ins. Co. v. Herring, 43 Ga. App. 249 (158 S. E. 448). In the absence of such evidence, the rule stated in the Code section applies.