Aycock v. Peaslee Gaulbert Paint & Varnish Co. Inc, 27762.
| Decision Date | 09 November 1939 |
| Docket Number | No. 27762.,27762. |
| Citation | 5 S.E.2d 598 |
| Court | Georgia Court of Appeals |
| Parties | AYCOCK. v. PEASLEE GAULBERT PAINT & VARNISH CO., Inc., et al. |
Syllabus by the Court.
1. Driving an automobile without a driver's license, in violation of the statutes of this State, is actionable negligence only when there is a proximate causal connection between such violation and the injury complained of.
2. An employer is not liable for an employee's negligence in driving an automobile, when it does not appear that at the time the employee was going about the duties of his employer and engaged within the scope of his employment.
Error from Superior Court, Fulton County; Virlyn B. Moore, Judge.
Action by C. G. Aycock against the Peas-lee Gaulbert Paint & Varnish Company, Inc., and another, to recover damages for personal injuries. Judgment dismissing the action as to the named defendant, and plaintiff brings error.
Affirmed.
Eugene Dickey and Geo. B. Rush, both of Atlanta, for plaintiff in error.
Bryan, Middlebrooks & Carter and E. E. Carter, all of Atlanta, for defendant in error.
The plaintiff brought suit for damages against Thomas C. Greer and Peaslee Gaulbert Paint & Varnish Company, Inc., on account of alleged personal injuries caused by the negligence of the defendants. The petition was in two counts. The judge sustained the general demurrer of the paint company to the petition, dismissing the case as to it. To this judgment the plaintiff excepted.
1. The plaintiff, in his brief in this court, concedes that the first count of his petition did not set out a cause of action against Peaslee Gaulbert Paint & Varnish Company, Inc., and states that "Plaintiff does not desire to contest the action of the lower court in dismissing the case made by the first count against Peaslee Gaulbert Paint & Varnish Co., Inc."
2. In the second count the plaintiff alleges that Peaslee Gaulbert Paint & Varnish Company, Inc., is liable on account of the injuries received by him as a result of a collision between an automobile being driven by Greer, the salesman of the paint company, and an automobile being driven by the plaintiff. It is alleged that the automobile "was being driven by said Thomas C. Greer, the agent and salesman of Peaslee Gaulbert Paint & Varnish Co. Inc., and that the said Thomas C. Greer at the time of said accident * * * did not have a driver's license entitling him to drive an automobile * * * that said Peaslee Gaulbert Paint & Varnish Co....
To continue reading
Request your trial
-
Gulf Oil Corp. v. Stanfield
...not constitute contributory negligence, and had no causal relation to the injuries sustained by him. In Aycock v. Peaslee-Gaulbert Paint & Varnish Co., 60 Ga.App. 897, 5 S.E.2d 598, it was said that operating an automobile without a driver's license is actionable negligence only when there ......
-
Fielding v. Driggers
...of negligence where it does not appear such failure had any causal connection. We there cited the cases of Aycock v. Peaslee-Gaulbert, etc., Co., 60 Ga.App. 897, 5 S.E.2d 598; Etheridge v. Guest, 63 Ga.App. 637, 12 S.E.2d 483; Windsor v. Chanticleer and Co., 89 Ga.App. 116, 78 S.E.2d 871; B......
-
Jones v. Dixie Drive It Yourself System, 37145
...so that a cause of action may be sustained. The defendant in error strongly contends that it does not. In Aycock v. Peaslee-Gaulbert Paint & Varnish Co., 60 Ga.App. 897, 5 S.E.2d 598, a petition against an employer alleging negligence on the part of one of its salesmen who was an unlicensed......
-
Brundage v. Wilkins
...113; Jones v. Dixie Drive It Yourself System, Atlanta Co., Inc., 97 Ga.App. 669, 104 S.E.2d 497; Aycock v. Peaslee-Gaulbert Paint & Varnish Company, 60 Ga.App. 897(1), 5 S.E.2d 598; Etheridge v. Guest, 63 Ga.App. 637, 639, 12 S.E.2d 483) the mere fact that the driver of the wrecker was not ......