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Garner v. Souders

Garner v. Souders, 92 S.E. 965 (Ga. Ct. App. 1917)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 15, 1917
Docket
No. 7991
Judges
Wade
Citations
92 S.E. 96520 Ga. App. 2421917 Ga. App. LEXIS 837
Summary
Action for damages; from city court of Atlanta—Judge Reid. October 13, 1916.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wade

Text extracted by OCR from a scanned original; check the original for exact wording.

Wade, C. J.

Even if it be conceded that there was enough evidence as to the identity of the chauffeur in charge of the car at the time of the injury to the plaintiff to carry that question to the jury, it definitely appeared that he was then operating the car contrary to the express direction of the master (the defendant), and not in connection with any business of the latter, but wholly for his own private use and purposes. The trial judge therefore did not err in directing a verdict in favor of the master. See Fielder v. Davison, 139 Ga. 509, 512 ( 77 S. E. 618 ).

Judgment affirmed.

George and Lulce, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11924: 11945: 11957: 11968: 11970: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Brown v. Sheffield173 S.E.2d 891 (Ga. Ct. App. 1970)
  2. Ditmyer v. American Liberty Insurance160 S.E.2d 844 (Ga. Ct. App. 1968)
  3. Wilson v. Quick-Tire Service123 S.E. 733 (Ga. Ct. App. 1924)
  4. Clifton L. Cannon, Sr. v. United States243 F.2d 71 (5th Cir. 1957)
  5. Nicholas v. Callaway32 S.E.2d 836 (Ga. Ct. App. 1945)
  6. Whitelock v. Dennis116 A. 68 (Md. 1921)

Most recent

  1. Brown v. Sheffield173 S.E.2d 891 (Ga. Ct. App. 1970)
  2. Ditmyer v. American Liberty Insurance160 S.E.2d 844 (Ga. Ct. App. 1968)
  3. Clifton L. Cannon, Sr. v. United States243 F.2d 71 (5th Cir. 1957)
  4. Nicholas v. Callaway32 S.E.2d 836 (Ga. Ct. App. 1945)
  5. Wilson v. Quick-Tire Service123 S.E. 733 (Ga. Ct. App. 1924)
  6. Whitelock v. Dennis116 A. 68 (Md. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Fielder v. Davison, 77 S.E. 618 (Ga. 1913) 93

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