Gallagher v. Gunn
Court of Appeals of Georgia
Action for damages; from city conrt of Macon — Judge Hodges. October 21, 1914.
1Opinion of the CourtBboyles, J.
1. When the plaintiff’s evidence showed that the defendant was the owner of the automobile that injured him, and that the chauffeur operating the machine at the time of the injury was the defendant’s servant, the presumption arose that the servant was engaged in the master’s business and within the scope of his employment; and the burden was then upon the defendant to show that the machine was not liis, or that the chauffeur was not his servant, or that the servant was not at the time of the injury engaged in the prosecution of the defendant’s business. Stewart v. Baruch, 103 N. Y. App. Div.…
2Cases cited4 opinions
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
- Long v. NuteMissouri Court of Appeals · 1907
- Stewart v. BaruchAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by20 opinions
- Dawson Motor Co. v. PettyCourt of Appeals of Georgia · 1936
- Mitchem v. Shearman Concrete Pipe Co.Court of Appeals of Georgia · 1932
- Abelman v. OrmondCourt of Appeals of Georgia · 1936
- Hix-Green Company v. DowisCourt of Appeals of Georgia · 1949
- Sewell v. AndersonSupreme Court of Georgia · 1944
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