Stafford Enterprises, Inc. v. American Cyanamid Co.

On Motion for Rehearing.

On motion for rehearing movant Stafford argues that evidence on the former appearance of this case shows the deceased was not an employee of Stafford but was an employee of Cyanamid. Thus, it is contended Cyanamid can not recover under the terms of the indemnity agreement since the action is based on Cyanamid’s sole negligence. See e.g., Code Ann. § 20-504 (b) (Code § 20-504; as amended Ga. L. 1970, p. 441).

Stafford’s argument might have merit if this were the first appeal of this case. However, this case has already been appealed to this court, American Cyanamid Co.…