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U. S. FIDELITY &c. CO. v. PHILLIPS

37158.

97 Ga. App. 729 (1958)

104 S.E.2d 542

UNITED STATES FIDELITY & GUARANTY COMPANY et al. v. PHILLIPS.

Court of Appeals of Georgia.

Decided June 23, 1958.


Attorney(s) appearing for the Case

Hardin, McCamy & Minor, Carlton McCamy, for plaintiffs in error.

Adams & McDonald, Isaac C. Adams, contra.


TOWNSEND, Judge.

1. Where one in sport or horseplay tampers with a pistol belonging to another, such acts not being properly within the course or scope of his employment, and thus creates a situation as a result of which he is accidentally shot by the owner of the pistol, the death is not compensable under the Workmen's Compensation Act. Georgia Casualty Co. v. Martin, 157 Ga. 909 (122 S. E. 881). Likewise, it was held in United States Fidelity &...

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    U.S. EX REL. JOHNSON v. P | 779 F.Supp. 81 (1991) | fsupp811835 | Leagle.com
     

    U.S. EX REL. JOHNSON v. PEOPLE OF STATE OF ILL.

    No. 91 C 3921.

    779 F.Supp. 81 (1991)

    UNITED STATES of America ex rel. Albert JOHNSON, Petitioner, v. PEOPLE OF the STATE OF ILLINOIS, Thomas P. Roth, Warden, Stateville Penitentiary, Respondents.

    United States District Court, N.D. Illinois, E.D.

    October 17, 1991.


    Attorney(s) appearing for the Case

    Albert Johnson, pro se.

    Thomas Lee Ciecko, Illinois Atty. General's Office, Chicago, Ill., for People of State of Illinois.

    Thomas Lee Ciecko, Terence Madsen, Illinois Atty. General's Office, Chicago, Ill., for Thomas P. Roth.


    MEMORANDUM OPINION AND ORDER

    ILANA DIAMOND ROVNER, District Judge.

    I. INTRODUCTION

    Petitioner Albert Johnson ("Johnson") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent is Thomas Roth ("Roth"), the warden of the prison in which Johnson is incarcerated.1 The petition arises out of Johnson's conviction on December 13, 1985 by a jury in the Circuit...

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