Atlanta Baseball Co. v. Lawrence
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
(After stating the foregoing facts.) The conduct of McLaughlin, the pitcher, in leaving his place upon the grounds and coming into the grandstand, and assaulting the plaintiff, was not within the scope of his employment nor in the prosecution of his master’s business, but was his own personal affair in resenting a real or fancied insult. “If a servant steps aside from his master’s business, for however short a time, to do an act entirely disconnected from it, and injury results to another from such independent voluntary act, the servant may be liable, but the master is not liable.” Savannah…
2Cases cited26 opinions
- Andrews & Co. v. KinselSupreme Court of Georgia · 1901
- Moone v. SmithCourt of Appeals of Georgia · 1909
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Wells v. Minneapolis Baseball & Athletic Ass'nSupreme Court of Minnesota · 1913
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
21 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Atlanta Hub Co. v. JonesCourt of Appeals of Georgia · 1933
- Ditmyer v. American Liberty InsuranceCourt of Appeals of Georgia · 1968
- Gomez v. Great Atlantic & Pacific Tea Co.Court of Appeals of Georgia · 1934
- Clements v. HollingsworthSupreme Court of Georgia · 1949
22 more not listed; retrieve them via the Exa API.