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Bowers v. General Guaranty Insurance Company

Tennessee Supreme Court
430 S.W.2d 871 (1968)

Written by Serena Lipski, JD

Facts

Hobart H. Bowers (plaintiff) worked as a salesman for R. E Cutshall, doing business as the J & R Tavern (J & R). On its premises, J & R had two buildings about 80 feet apart, one that was known as the tavern and one that was known as the old house. J & R had a license for the retail sale of beer at the tavern but not at the old house. Accordingly, beer sales at the old house violated Tennessee penal statutes. Bowers worked as a salesman at both the tavern and the old house. One day, Bowers was assaulted while selling beer at the old house. Bowers filed a claim for workers’ compensation. The chancellor found that because Bowers was knowingly violating a penal statute at the time of his injury, Bowers was not entitled to workers- compensation benefits. Bowers appealed.

Rule of Law

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Issue

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Holding and Reasoning (Dyer, J.)

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