Candace, Inc. v. Newton

Code § 105-108 holds every person 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.”

The allegations of agency in the instant case clearly fall within the rule laid down in Conney v. Atlantic Greyhound Corp., 81 Ga. App. 324 (3) (58 S. E. 2d 559). As will be seen from the foregoing statement of facts, the plaintiff alleged by “a simple direct statement the fact that the wrongful act was the act of the defendant’s servant and was committed in the prosecution of the…