Legal Opinion

Maxwell v. Harrell

Court of Appeals of Georgia

Decided January 25, 1967No. 42527, 42528PublishedCited by 5 opinions

1Opinion of the Court

Deen, Judge.

1. While the master is not ordinarily liable for the negligence of a fellow servant (Code § 66-304), he is liable for his own negligence or that of his vice principal acting for him. Woodson v. Johnston & Co., 109 Ga. 454 (1) (34 SB 587). There was evidence in the record to support the allegations of the petition that Powe had sent a fellow servant into the area on the other side of the proposed pond to cut trees, and thereafter sent the plaintiff into the area where he was injured to attach a log to the snaking chain, knowing that the tree felling work was in progress. An…

2Cases cited5 opinions

  1. Mitchem v. Shearman Concrete Pipe Co.Court of Appeals of Georgia · 1932
  2. Barbree v. Shelby Mutual Insurance Co.Court of Appeals of Georgia · 1962
  3. Travelers Insurance Co. v. MoatesCourt of Appeals of Georgia · 1960
  4. Woodson v. Johnston & Co.Supreme Court of Georgia · 1899
  5. Continental Casualty Co. v. PayneCourt of Appeals of Georgia · 1937

3Cited by5 opinions

  1. Wiley v. Georgia Power Co.Court of Appeals of Georgia · 1975
  2. Gaylor v. Jay & Gene's Chrysler-Plymouth-Dodge, Inc.Court of Appeals of Georgia · 1987
  3. Lawson Products, Inc. v. RouseyCourt of Appeals of Georgia · 1974
  4. Dye v. CopelandCourt of Appeals of Georgia · 1970
  5. Wiley v. Georgia Power Co.Court of Appeals of Georgia · 1975

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