Clance v. Melton

This case is so clearly governed by the principle laid down in Haynie v. Foremost Dairies Inc., 54 Ga. App. 369 (187 S. E. 907), that it seems idle to elaborate it to any great extent. The case is the same as if the superintendent, Bostwick, had ordered another fellow servant of the plaintiff to go to the other side of the truck from the plaintiff and push the wheel from under the truck. In such a case the master would clearly not be liable, because the injury would have been' attributable to the negligence of the fellow servant. The petition does not allege that the alter ego of the…