Pope v. Seaboard Air Line Railroad

Code § 105-108 provides 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.” As construed in Frazier v. Southern Ry. Co., 200 Ga. 590, 593 (37 S. E. 2d 774), “The word ‘voluntary’ in § 105-108 will cover any or all motives or purposes of the wrongdoer,, acting in the scope of his employment, which are not covered by ‘acts of negligence.’ The true test is not whether the tort was committed by reason of anger, malice, or ill will, but…