Legal Opinion
Falls v. Jacobs Pharmacy Co. Inc.
Court of Appeals of Georgia
Decided September 13, 1944No. 30586PublishedCited by 11 opinions
1Opinion of the CourtGardner, J.
The doctrine of respondeat superior in this State is contained in the provisions of the Code, § 105-108, which reads as follows: “Every person shall be liable for torts committed by his wife, his child, or his servant, by his command or in the prosecution and within the scope of his business, whether the same shall be by negligence or voluntary.” Thus it will be seen that in order for the master to be liable for torts committed by his servant, the tort-feasor must either have acted by command of the master or the tortious act must have been perpetrated in the prosecution and within the scope…
2Cases cited14 opinions
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- Southern Grocery Stores Inc. v. KeysCourt of Appeals of Georgia · 1944
- Louisville & Nashville Railroad v. HudsonCourt of Appeals of Georgia · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jones v. Reserve InsuranceCourt of Appeals of Georgia · 1979
- Parry v. Davison-Paxon Co.Court of Appeals of Georgia · 1952
- Prince v. BrickellCourt of Appeals of Georgia · 1953
- Sexton Bros. Tire Co. v. Southern Burglar Alarm Co. of Georgia, Inc.Court of Appeals of Georgia · 1980
- Pope v. Seaboard Air Line RailroadCourt of Appeals of Georgia · 1953
6 more not listed; retrieve them via the Exa API.