Wooley v. Doby
Court of Appeals of Georgia
Action for damages; from Fulton superior court—Judge Pendleton. February 8, 1916. '
1Opinion of the CourtGeorge, J.
1. Where the owner of an automobile delivers it to a mechanic for the purpose of repair, and surrenders the entire control of it to him, the mechanic is not the servant of the owner, but an independent contractor. Where the mechanic, under such circumstances, negligently and in violation of a municipal ordinance, injures another while testing the car, the owner is not liable in an action for damages for the injury; and the fact that the owner’s driver was, on the invitation of the repairer, riding in the car at the time of the injury does not alter the rule. Civil Code (1910), § 4414. See…
2Cases cited1 opinion
- Segler v. CallisterCalifornia Supreme Court · 1914
3Cited by11 opinions
- Yearwood v. PeabodyCourt of Appeals of Georgia · 1932
- Graham v. ClevelandCourt of Appeals of Georgia · 1938
- Simril v. DavisCourt of Appeals of Georgia · 1930
- Johnson v. Webb-Crawford Co., Inc.Court of Appeals of Georgia · 1954
- Ederer v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1936
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