Legal Opinion

Giles v. Smith

Court of Appeals of Georgia

Decided December 5, 1949No. 32464PublishedCited by 47 opinions

1Opinion of the CourtMacIntyre, P. J.

1. (a) A master is liable for the torts of his servant committed within the scope of his employment. Code § 105-108.(b) A servant, as a wrongdoer, is liable individually for a tort committed within the scope of his master’s business. Southern Railway Co. v. Grizzle, 124 Ga. 735 (53 S. E. 244).(c) A master and his servant may be jointly sued for damages resulting solely from the negligence of the servant. Southern Railway Co. v. Grizzle, supra; Southern Railway Co. v. Harbin, 135 Ga. 122 (68 S. E. 1103); Fowler v. National City Bank of Rome, 49 Ga. App. 435 (176 S. E. 113).(d) The liability of…

2Cases cited12 opinions

  1. Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
  2. Southern Railway Co. v. HarbinSupreme Court of Georgia · 1910
  3. Donaldson v. CarmichaelSupreme Court of Georgia · 1897
  4. Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
  5. Roadway Express Inc. v. McBroomCourt of Appeals of Georgia · 1939

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

3Cited by47 opinions

  1. Faught Ex Rel. Faught v. WashamSupreme Court of Missouri · 1959
  2. Phillips v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1970
  3. Jacobson v. ParrillSupreme Court of Kansas · 1960
  4. Mensing v. SturgeonSupreme Court of Iowa · 1959
  5. Southeastern Truck Lines, Inc. v. RannSupreme Court of Georgia · 1959

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

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