Georgia Power Co. v. Kendricks, 43311
| Decision Date | 22 January 1968 |
| Docket Number | No. 2,No. 43311,43311,2 |
| Citation | 159 S.E.2d 303,117 Ga.App. 129 |
| Parties | GEORGIA POWER COMPANY v. B. A. KENDRICKS et al |
| Court | Georgia Court of Appeals |
Anderson & Sanders, Cohen Anderson, Statesboro, for appellant.
John R. Harvey, Pembroke, Allen & Edenfield, Statesboro, Richardson, Doremus & Karsman, Savannah, for appellees.
Syllabus Opinion by the Court
This was a suit for personal injuries allegedly sustained by the plaintiff as a result of negligence of the individual defendant, an employee of the corporate defendant, when driving a truck within the scope of his employment. The trial court erred in denying the corporate defendant's motion for summary judgment based upon the affidavit of the individual defendant that at the time of the collision he was not acting as an agent, servant, or employee of the Georgia Power Company but was driving the truck to a store to purchase drugs for his personal use, when the plaintiff presented no opposing evidence. Brawner v. Martin & Jones Produce Co., Inc., 116 Ga.App. 324, 157 S.E.2d 514.
Judgment reversed.
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...Co., 106 Ga.App. 709, 128 S.E.2d 81; Brawner v. Martin & Jones Produce Co., 116 Ga.App. 324, 157 S.E.2d 514; Georgia Power Co. v. Kendricks, 117 Ga.App. 129, 159 S.E.2d 303; Marketing Sales Industries of Georgia, Inc. v. Roberts, 118 Ga.App. 718, 165 S.E.2d 319. And see Jones v. Dixie Ohio ......
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