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Postal Telegraph-Cable Co. v. Tucker

POSTAL TELEGRAPH-CABLE COMPANY v. TUCKER

Postal Tel.-Cable Co. v. Tucker, 126 S.E. 860 (Ga. Ct. App. 1925)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
February 28, 1925
Docket
No. 15354
Judges
Bell, Jenkins, Stephens
Citations
126 S.E. 86033 Ga. App. 5251925 Ga. App. LEXIS 569

Opinion of the Court — Stephens

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Stephens, J.

(After stating the foregoing facts.) It appears, from the evidence of the driver of the truck, who was employed by the day, that he, in the discharge of the duties of his employment, went from place to place under the direction of the foreman of the employer, and did everything in accordance with orders given him by the employer, and did nothing of his own volition. The evidence authorizes the inference that the employee was not employed to produce a general result without any interfering directions from the employer, but that the employer retained the right “to direct or control the time and manner of executing the work,” and that therefore the employee, while engaged in operating the truck when the damage sued for occurred, was a servant of the employer and was not an independent contractor.

The verdict for the plaintiff was authorized, and the superior court did not err in overruling the certiorari.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

How later courts describe this case

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

1958: 11964: 11972: 11973: 119582026peak 1958 · 1

Relies on it most ⓘ

  1. Helms v. Young203 S.E.2d 253 (Ga. Ct. App. 1973)
  2. Mitchell v. Burden Brothers, Inc.189 S.E.2d 909 (Ga. Ct. App. 1972)
  3. GEORGIA ELECTRIC COMPANY v. Smith134 S.E.2d 840 (Ga. Ct. App. 1964)
  4. O. B. Hinson, Mrs. O. B. Hinson and Danny Hinson, a Minor, by and Through O. B. Hinson, as Next Friend v. United States257 F.2d 178 (5th Cir. 1958)

Most recent

  1. Helms v. Young203 S.E.2d 253 (Ga. Ct. App. 1973)
  2. Mitchell v. Burden Brothers, Inc.189 S.E.2d 909 (Ga. Ct. App. 1972)
  3. GEORGIA ELECTRIC COMPANY v. Smith134 S.E.2d 840 (Ga. Ct. App. 1964)
  4. O. B. Hinson, Mrs. O. B. Hinson and Danny Hinson, a Minor, by and Through O. B. Hinson, as Next Friend v. United States257 F.2d 178 (5th Cir. 1958)

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 0

No citations to other opinions in this database were found.

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