ATLANTA BLUE PRINT & PHOTO REPRODUCTION COMPANY v. Kemp

Stolz, Judge.

In these actions by Mr. and Mrs. Kemp against the defendant company and its employee, Norris, for damages arising out of a collision between the plaintiffs’ automobile and the truck of the defendant company driven by its defendant employee, the trial judge erred in overruling the defendant employer’s motion for summary judgment.

Here, as in the case of Price v. Star Service &c. Corp., 119 Ga. App. 171 (166 SE2d 593), the inference that the truck was being operated by the employee within the scope of his duty and employment, was rebutted by the positive, uncontroverted testimony of…