Legal Opinion

Ayers v. Barney A. Smith Motors, Inc.

Court of Appeals of Georgia

Decided October 20, 1965No. 41494PublishedCited by 19 opinions

1Opinion of the Court

Jordan, Judge.

The trial court erred in granting a summary judgment in favor of the defendant motor company. The fact that this defendant owned the automobile involved in the fatal occurrence and that its employee was driving the vehicle at the time, was sufficient to raise a presumption that the employee was operating the defendant’s automobile within the scope of his employment. Dawson Motor Co. v. Petty, 53 Ga. App. 746 (1) (186 SE 877); Hall v. Cassell, 79 Ga. App. 7 (52 SE2d 639); Hix-Green Co. v. Dowis, 79 Ga. App. 412 (2) (53 SE2d 601); Fielder v. Davison, 139 Ga. 509 (77 SE 618).

This…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Fielder v. DavisonSupreme Court of Georgia · 1913
  2. Dawson Motor Co. v. PettyCourt of Appeals of Georgia · 1936
  3. Stenger v. MitchellCourt of Appeals of Georgia · 1944
  4. F. E. Fortenberry & Sons, Inc. v. MalmbergCourt of Appeals of Georgia · 1958
  5. Fambro v. SparksCourt of Appeals of Georgia · 1952

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Allen Kane's Major Dodge, Inc. v. BarnesSupreme Court of Georgia · 1979
  2. Massey v. HendersonCourt of Appeals of Georgia · 1976
  3. Hicks v. HeardSupreme Court of Georgia · 2010
  4. Sparks v. Buffalo Cab Company, Inc.Court of Appeals of Georgia · 1966
  5. Cravey v. J. S. Gainer Pulpwood Co.Court of Appeals of Georgia · 1973

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API