93. William Parker Hathcock v. Betty Bennett Hathcock, and vice versa, 232 Ga. 719, 203 S.E.2d 819 (1974). From Whitfield Superior Court. Plaintiff/Appellee aff’d. Domestic relations. Post-judgment motions, amendment of judgment, “breast of court” jurisdiction.

94.  O. N. Jonas Company, Inc. v. B & P Sales Corporation of Eastern Pennsylvania, and vice versa, 232 Ga. 256, 206 S.D.2d 437 (1974). From Whitfield Superior Court. Defendant/Appellee aff’d. Summary judgment. Long arm statute, minimum contracts, telephone order shipped FOB Dalton, Georgia, constitutional law, due process, jurisdiction of non-resident customer.

95. Home Insurance Company v. Fort Valley Mills, Inc., et al., 132 Ga. App. 15, 207 S.E.2d 590 (1974). From Murray Superior Court. Plaintiff/Appellee (appeal dismissed). Suit on insurance contract for industrial fire loss.

96. Roy Edward Painter v. Betty Painter, 231 Ga. 184, 200 S.E.2d 888 (1973). From Whitfield Superior Court. Defendant/Appellant rev’d. Child custody. Jurisdiction.

97. Andy L. Pack v. Insurance Company of North America, 129 Ga. App. 589, 200 S.E.2d 300 (1973). From Bartow Superior Court. Claimant/Appellant aff’d. Workers’ Compensation. Change in condition.

98. Robert House v. Echota Cotton Mills, Inc., 129 Ga. App. 350, 199 S.E.2d 585 (1973). From Gordon Superior Court. Plaintiff/Appellant aff’d. Workers’ Compensation. Statute of limitations, “new accident.”

99. North Georgia Finishing, Inc. v. Di-Chem, Inc., 230 Ga. 623, 198 S.E.2d 284 (1973). From Whitfield Superior Court. See United States Supreme Court reference above.

100. Jewell Amos v. American Mutual Insurance Company, et al., 129 Ga. App. 89, 198 S.E.2d 514 (1973). From Whitfield Superior Court. Claimant/Appellant aff’d. Workers’ Compensation. Any evidence rule.

101. Virgil T. Smith v. M. A. Foster, et al., 230 Ga. 207, 196 S.E.2d 431 (1973). From Whitfield Superior Court. Plaintiff/Appellant aff’d. Suit on account, venue.

102. Clayton Shell v. William Watts, et al.; L. J. Helton v. Evelyn Watts, et al., 125 Ga. App. 542, 188 S.E.2d 269 (1972). From Catoosa Superior Court. Defendant/Appellee aff’d. Wrongful death, tort, strict liability, products liability. Long arm statute. Constitutional law, due process, jurisdiction of Japanese arms manufacturer, original package doctrine for shotgun sold by regional distributor and local hardware store. Venue, homeowners’ liability, family immunity.

103. Burnette Ford, Inc. v. William A. Hayes, et al., 124 Ga. App. 65, 183 S.E.2d 78 (1971). From Whitfield Superior Court. Plaintiff/Appellee aff’d. MVA, personal injury, negligent repair to truck. Standard on motion for summary judgment where plaintiff’s affidavit and plaintiff’s deposition are contradictory. Presumptions. Contributory and comparative negligence.

104. Burnette Ford, Inc. v. W. A. Hayes, et al., 227 Ga. 551, 181 S.D.2d 866. From Whitfield Superior Court. See Number 103 above.

105. Marvin E. Reeves v. Echota Cotton Mills, 123 Ga. App. 649, 182 S.E.2d 126 (1971). From Gordon Superior Court. Workers’ Compensation. Claimant/ Appellant aff’d. The issue presented was whether or not under Georgia’s lost wage replacement economic disability statute “economic disability” was determined solely by gross wage, or by a comparison of hours needed to earn the gross wage after injury, as compared with hours needed to earn the same wage prior to injury. In this case, the claimant was highly skilled textile machinery mechanic, paid at a relatively high wage. In his post-injury condition, he could not do mechanical work. His employer, therefore, put him to work at a lower skilled job, paying a lower hourly wage, but for more hours so that the employee’s gross wage equaled or exceeded his pre-injury wage.

106. Atlantic Aluminum & Metal Distributors v. Kenneth Adams, 123 Ga. App. 387, 187 S.E.2d 101 (1971). From Whitfield Superior Court. Commercial litigation. Plaintiff/Appellee aff’d. Uniform Commercial Code, acceptance of goods by “payment” through a promissory note waives later claims for non-performing goods.

107. Sarah A. Henson v. Grady Putnam 123 Ga. App. 254, 180 S.E.2d 269 (1971). From Gordon Superior Court. Plaintiff/Appellant rev’d. Tort/MVA, wrongful death. Trial court error in jury instruction. Denial of motion for new trial. Accident charge not warranted since the evidence “plainly shows the cause of the collision was either the plaintiff’s negligence or the defendant’s negligence or both, but not accidental.”

108. Wilson v. Matthews, First appearance: 119 Ga. App. 708, 168 S.E.2d 864; Second appearance: 120 Ga. App. 284, 170 S.E.2d 346 (1969); Third appearance: 122 Ga. App. 67, 176 S.E.2d 178 (1970), and 122 Ga. App. 68, 176 S.E.2d 180; . From Habersham Superior Court. Tort/MVA, guest passenger, 3 vehicle collision. First appearance: Plaintiff/Appellant motion for summary judgment on counter claim denied, rev’d. Second appearance: Plaintiff/Appellee aff’d. Procedure, effect of voluntary non-suit. Third appearance: Although plaintiff’s own testimony would not support a verdict in his favor against one of the defendants, testimony by police officer and one of the defendants supported plaintiff’s verdict against the other defendant. Plaintiff held not bound by his own testimony where it is obvious that plaintiff was confused as to the directions in which the vehicles were traveling and which vehicle was passing the plaintiff, and which vehicle was on-coming to the plaintiff.

109. J. B. Cochran v. Carl Horner, 121 Ga. App. 297, 173 S.E.2d 448, (1970). From Whitfield Superior Court. Plaintiff/Appellee aff’d. Commercial dispute, Uniform Commercial Code. Adequacy of charge as to title to goods.

110. Clarence Randolph Cates v. Nancy Geneva Cates, 225 Ga. 612, 170 S.E.2d 416 (1969). From Murray Superior Court. Defendant/Appellant aff’d. Domestic relations. Jurisdiction, residency requirements.

111. American Family Life Assurance Company v. E. L. Welch; Pioneer American Insurance Company v. E. L. Welch, 120 Ga. App. 334, 170 S.E.2d 703 (1969). From Gordon Superior Court. Plaintiff/Appellee American Family Life, rev’d.; Plaintiff/Appellant Pioneer American Insurance, rev’d. Wrongful death/MVA, agency. Plaintiff gained a verdict against driver Ralston for the wrongful death of his son. Plaintiff alleged that Ralston was delivering insurance contracts for one company to teachers in a local school, and that he had literature in the car to give to the teachers in an attempt to sell them additional policies for another company. Each of the insurance companies filed motions for JNOV. The trial court denied the motion of American Family Life Assurance, and granted the motion of Pioneer American Insurance Company, basing its decision on distinctions in the insurance agent’s contract with each company. Plaintiff appealed the granting of Pioneer American’s JNOV, and American Family Life appealed the denial of its motion for JNOV. The appellate court double rev’d.

112. Georgia Forestry Commission v. R. L. Wilson, 119 Ga. App. 795, 168 S.E.2d 790 (1969). From Whitfield Superior Court. Claimant/Appellee aff’d. Workers’ Compensation. Head injury. Any evidence rule.

113. State v. Raymond Curtis, 224 Ga. 870, 165 S.E.2d 150 (1968). From Whitfield Superior Court. Defendant/Appellant aff’d. Murder, armed robbery. Death penalty sought and avoided. Defendant Raymond Curtis and others robbed several individuals who were gambling and drinking in a rural lake house. The State contended that Mr. Curtis lined up the victims single file and shot 3 of them with 00 buckshot, killing 1and wounding 2. The State contended that Mr. Curtis collected car keys of the victims and threw them in the lake so as to prevent the victims from raising an alarm. Interestingly, while the case was pending trial, Mr. Curtis was interviewed by the national press as having been a cell mate of James Earl Ray, who had assassinated Dr. Martin Luther King, Jr., and was simultaneously incarcerated in Memphis, Tennessee awaiting trial. Curtis escaped from a Georgia prison, and was later killed in Texas.

114. Ray Coffee v. Delphia Hanson, 117 Ga. App. 613, 161 S.E.2d 389 (1968). From Catoosa Superior Court. Plaintiff/Appellee aff’d. Tort/MVA, wrongful death. Plaintiff sued Coffee, a wrecker driver, for blocking U.S. Highway 41 just north of a hill crest by positioning his wrecker and cables to extricate a northbound vehicle from a ditch on the northbound side of the road. As each northbound automobile traversed the hill crest and stopped for the obstruction, the sight distance and stopping distance decreased, so that when the plaintiff crossed the hill crest and braked emergently, he was involved in a minor rear end collision with the vehicle in front of him. The next vehicle crossing the hill crest struck the plaintiff’s vehicle, killing him. Suit was brought against the wrecker driver for failure to warn.

115. Duchess Chenille Inc. v. Eunice Goswick, 116 Ga. App. 384, 157 S.E.2d 304 (1967). From Whitfield Superior Court. Claimant/Appellee aff’d. Workers’ Compensation. Worker had abnormal menses and endometriosis. While she was throwing rugs, she sustained a rupture of an ovarian cyst. The employer denied notice, and contended that claimant’s problems were related solely to her underlying disease. Aggravation as a compensable injury.

116. State Highway Department v. J. E. Thomason, 116 Ga. App. 330, 157 S.E.2d 603 (1967). From Whitfield Superior Court. Condemnee/Appellee aff’d by dismissal of appeal due to condemnor’s delay in filing transcript.

117. Lloyd C. Yeargin v. Ruby H. Bramblett, 115 Ga. App. 862, 156 S.E.2d 97 (1967). From Whitfield Superior Court. Plaintiff/Appellant aff’d. Suit on open account. Statute of limitations as a bar to part, but not all of an account depending on date created for continuous professional services.

118. Stephens v. Hartford Accident & Indemnity Company, 116 Ga. App. 15, 156 S.E.2d 100 (1967). From Murray Superior Court. Claimant/Appellant rev’d. Workers’ Compensation. Claimant, an on-call 24/7 truck stop mechanic, was required by his employer during off hours to make a road call. Claimant advised his employer that he had been drinking, and was directed by the employer to make the service call notwithstanding his condition. Claimant wrecked en route and was injured. ALJ and Workers’ Compensation Board held that claimant was barred from recovery due to intoxication on the job, notwithstanding the fact that the ALJ found that the “cause of the accident” was a mechanical failure of the repair truck. Court of Appeals rev’d, holding that for intoxication to be a bar, it must be a proximate cause of injury.

119. State Highway Department v. Llewallen, 113 Ga. App. 61, 147 S.E.2d 457 (1966). From Whitfield Superior Court. Condemnee/Appellee aff’d. Evidence of federal financial participation in a highway project is irrelevant and immaterial, but admission was harmless error.

120. Robert A. Coggins v. Ethel J. Coggins, 223 Ga. 421, 156 S.E.2d 40 (1966). From Whitfield Superior Court. Defendant/Appellant aff’d. Domestic relations/contempt. Abuse of discretion for delinquency in payment of temporary alimony as contempt.

121. Rice v. Rice, Administrator, 233 Ga. 363, 155 S.E.2d 393 (1967). From Murray Superior Court. Plaintiff/Appellant rev’d. Divorce decree granted by trial court on husband’s counter claim where statutory residency allegations were omitted. Factual background: Plaintff/Appellant sued her son, the administrator of her former husband’s estate to set aside a divorce decree. Plaintiff had sued her former husband for separate maintenance without requesting a divorce. Her former husband answered, denying the petition for separate maintenance and asserting a counter claim for divorce but without asserting statutory residency requirements which had been omitted from plaintiff’s original petition as unnecessary to her suit for separate maintenance, but necessary to a claim for divorce. Within a few days of the granting of the divorce decree, plaintiff’s former husband was killed in a tractor trailer collision in Mississippi. The setting aside of the divorce decree enabled the plaintiff to collect workers’ compensation death benefits, social security death benefits, veteran’s benefits and to maintain a wrongful death in Mississippi against a tort feasor.

122. State Highway v. Thomason, 114 Ga. App. 169, 150 S.E.2d 375 (1966). From Whitfield Superior Court. Condemnee/Appellee rev’d. A trial court entered non-suit against the condemning authority. Appellate court reversed, holding that non-suit may not be granted in a condemnation action.