Atlanta Hub Co. v. Bussey

Code § 105-108 provides in part as follows: “Every person shall be liable for torts committed by . . . his servant, by his command or in the prosecution and within the scope of his business, whether the same shall be by negligence or voluntary.” In Frazier v. Southern Ry. Co., 200 Ga. 590, 593 (37 S. E. 2d 774) it is stated: “The true test is not whether the tort was committed by reason of anger, malice, or ill will, but whether or not it was committed in the prosecution and within the scope of the master’s business. If the tort be committed, not by reason of the employment, but because of…