Hickman v. Paulk

The defendants in error contend that the petition shows that the plaintiff and the defendant Nasworthy were fellow servants at the time of the assault and that since the plaintiff fails to allege in his petition any negligence on their part in the selection or retention by them of the servant, Nasworthy, the petition failed to state a cause of action as to them. The relationship between the parties must be determined on common-law principles and we think that the determination made in the case of Smith v. Seaboard Air-Line Ry., 18 Ga. App. 399 (89 S. E. 490) determines the question involved…