Smith v. Myrick
Decision Date | 08 September 1992 |
Docket Number | Nos. A92A0855,A92A0856,s. A92A0855 |
Citation | 422 S.E.2d 236,205 Ga.App. 339 |
Parties | SMITH et al. v. MYRICK. SMITH et al. v. WEATHERSPOON. |
Court | Georgia Court of Appeals |
Davis & Sissel, Kenneth M. Sissel, Atlanta, for appellants.
Fain, Major & Wiley, Gary W. Powell, Atlanta, for appellees.
Appellant-defendants Mr. and Mrs. Frederick Smith jointly own a duplex which was leased to appellee-plaintiffs. Each appellee brought a separate suit against both appellants, seeking to recover for the loss of personal property which occurred when Mr. Smith allegedly removed the outer doors of the duplex and thereby exposed appellees' personal property to pilferage. The cases were consolidated for trial before a jury, and verdicts for compensatory and punitive damages were returned in favor of each appellee against both appellants. The trial court entered judgments on the jury's verdicts, and appellants appeal.
1. The general grounds are enumerated as to the judgments against Mrs. Smith.
According to Mrs. Smith's testimony, the duplex property is her own and she had arranged for Mr. Smith to hold an individual one-half for purposes of survivorship only. She would rely upon him to collect the rent and do handiwork on the duplex. Moreover, she wanted appellees to vacate the duplex and directed Mr. Smith to bring dispossessory proceedings against each appellee. Dispossessory proceedings were brought, but were subsequently dismissed for want of prosecution. According to an eyewitness, Mr. Smith went to the duplex to determine whether appellees had moved out. No one was home, but it was apparent appellees had not left. Mr. Smith then had the doors removed and said "maybe if I take the doors down [appellees] will just go away." There is no evidence that Mrs. Smith expressly directed Mr. Smith to remove the doors.
"The marital relationship alone will not ... support an action against a [wife] for the tort of [her husband] in the absence of facts showing an agency relationship." Shelton v. Doster, 99 Ga.App. 863, 864(4), 109 S.E.2d 862 (1959). The evidence adduced at the trial of the instant case was sufficient to establish such an agency relationship, whereby Mr. Smith would collect rent, make repairs and dispossess tenants on behalf of Mrs. Smith. See Whiddon v. Dixon, 199 Ga.App. 644, 645(3), 405 S.E.2d 710 (1991). Accordingly, "if [Mr. Smith's] wrongful acts were in the prosecution of [his wife's] business and within the scope of [his agency], then [she] is liable for such tortious conduct" on his part. Prince v. Brickell, 87 Ga.App. 697, 700(2), 75 S.E.2d 288 (1953).
... Effort Enterprises v. Crosta, 194 Ga.App. 666, 668(2), 391 S.E.2d 477 (1990).
...
To continue reading
Request your trial-
New Madison South Ltd. Partnership v. Gardner
...and the prosecution of his master's work). 6. Id. at 705, 373 S.E.2d 797. 7. (Citations and punctuation omitted.) Smith v. Myrick, 205 Ga.App. 339, 340, 422 S.E.2d 236 (1992). 8. (Citations and punctuation omitted.) Id. 9. Jump v. Anderson, 58 Ga.App. 126, 128, 197 S.E. 644 (1938); Southern......
-
Ga. Messenger Serv. Inc. v. Bradley
...of the commission of such tort may evidence anger, malice, or ill will” (citation and punctuation omitted)); Smith v. Myrick, 205 Ga.App. 339, 340(1), 422 S.E.2d 236 (1992) (same). FN20. See, e.g., Brown v. AMF Bowling Centers, 236 Ga.App. 277, 278(1), 511 S.E.2d 619 (1999) (holding that em......
-
Rucker v. Troll Book Fairs, LLC
...and punctuation omitted.]" Effort Enterprises v. Crosta, 194 Ga.App. 666, 668, 391 S.E.2d 477 (1990); see Smith v. Myrick, 205 Ga.App. 339, 340, 422 S.E.2d 236 (1992). Here, the record indicates that the confrontation between Rucker and DeMarchis was entirely of a personal nature. DeMarchis......
- Edgar v. Shave