Ireland Electric Corp. v. Georgia Highway Express, Inc.
Court of Appeals of Georgia
1DissentDeen, Presiding Judge
I must except to the majority’s limiting the application of the common law action per quod servitium amisit, codified at OCGA § 51-1-9 (Code Ann. § 105-107), to cases involving intentional torts. I find no authority under Georgia law for such a limitation.
OCGA § 51-2-2 (Code Ann. § 105-108) provides that “every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are commited by negligence or voluntarily.” It appears to me that in applying these provisions, this court has…
2Cases cited8 opinions
- Fluker v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- Jones v. Reserve InsuranceCourt of Appeals of Georgia · 1979
- Atlanta Associates v. Westminster Properties, Inc.Supreme Court of Georgia · 1978
- Nemo Foundations, Inc. v. New River CompanyWest Virginia Supreme Court · 1971
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