Bryant v. Keen

While the petition charges that when the defendant desired to use the automobile, being unable to drive it himself, his daughter, or her husband, acted as his chauffeur, there is no allegation that at the time of the injury to the plaintiff the son-in-law, who was driving the ear, was acting in the capacity of a chauffeur, and that at such time he was acting within the scope of any employment as a chauffeur. Accordingly, the cause of action, if any exists against the defendant, must necessarily fall within the doctrine enunciated by the Supreme Court in Griffin v. Russell, 144 Ga. 275 (87 S.…