Morris v. Fruit Co.

• Decision Date: 09 October 1924
• Docket Number: 15402.
• Citation: 124 S.E. 807,32 Ga.App. 788
• Parties: MORRIS v. FRUIT CO.
• Court: Georgia Court of Appeals

124 S.E. 807

32 Ga.App. 788

MORRIS v. FRUIT CO.

No. 15402.

Court of Appeals of Georgia, First Division

October 9, 1924

Syllabus by the Court.

Willie Morris, a minor, sued the Fruit Company, located at Rome Ga., for damages because of being injured when an automobile truck, owned by the defendant and driven by a chauffeur on business for the defendant, left the road and ran into a ditch, because, it was alleged, of negligence of the driver and the plaintiff, who was riding in the truck as a guest of the driver, was caught between it and the bank of the ditch and injured. General and special demurrers to the petition were filed. The demurrers were sustained, and the plaintiff excepted. Held:

The petition fails to set out a cause of action, and the demurrers were properly sustained and the petition dismissed.

(a) The driver of a delivery truck, employed to make deliveries of goods, acts outside of the scope of his employment where he for companionship and for his own pleasure, and without the knowledge of his employer, invites a friend to ride on the truck with him, and the employer is not liable for injuries to the guest of the driver, sustained from the negligence of the latter, even though the negligence be willful and wanton.

(b) The petition does not show that the plaintiff was invited to ride on the truck by the owner thereof, or by any one authorized by him to give the invitation, and fails to show that, when the driver invited the plaintiff to ride thereon, he was acting within the scope of his employment or in furtherance of his employer's business.

As supporting the foregoing headnotes, see sections 3593 and 4413 of the Civil Code of 1910; Rape v. Barker, 25 Ga.App. 362, 103 S.E. 171; Tate v. Atlantic Ice & Coal Corporation, 25 Ga.App. 797 (1), 104 S.E. 913; Waller v. Southern Ice & Coal Co., 144 Ga. 695, 87 S.E. 888; Fielder v. Davison, 139 Ga. 509, 77 S.E 618; Central of Ga. Ry. Co. v. Morris, 121 Ga. 484 49 S.E. 606, 104 Am.St.Rep. 164; McQueen v. People's Store Co., 97 Wash. 387, 166 P. 626; Hughes v Murdoch Storage & Transfer Co., 269 Pa. 222, 112 A. 111; O'Leary v. Fash, 245 Mass. 123, 140 N.E. 282; Barker v. Dairymen's Milk Products Co., 205 Ala. 470, 88 So. 588; Schulwitz v. Delta Lumber Co., 126 Mich. 559, 85 N.W. 1075; Foster-Herbert Cut Stone Co. v. Pugh, 115 Tenn. 688, 91 S.W. 199, 4 L.R.A. (N. S.) 804, 112 Am.St.Rep. 881; Dougherty v. Chicago, Milwaukee & St. Paul Ry. Co., 137 Iowa 257, 258 (6), 114 N.W. 902, 14 L.R.A. (N. S.) 590, 126 Am.St.Rep. 282; Goldberg v. Bordens Condensed Milk Co., 227 N.Y. 465, 125 N.E. 807; Zampella v...