Southern Paramount Pictures Co. v. Gaulding

• Decision Date: 19 November 1919
• Docket Number: 10653.
• Citation: Southern Paramount Pictures Co. v. Gaulding, 24 Ga.App. 478, 101 S.E. 311 (Ga. App. 1919)
• Parties: SOUTHERN PARAMOUNT PICTURES CO. v. GAULDING.
• Court: Georgia Court of Appeals

101 S.E. 311

24 Ga.App. 478

SOUTHERN PARAMOUNT PICTURES CO. v. GAULDING.

No. 10653.

Court of Appeals of Georgia, Second Division

November 19, 1919

Syllabus by the Court.

The plaintiff in this case, who was not a servant of the defendant, but an employé of an express company, sued for damages on account of alleged personal injuries, alleging that upon the invitation of the defendant he entered within its premises and building for the purpose of trucking and removing, by means of its truck and elevator, certain of its goods from the building, to be delivered to the express company for shipment; that while in the act of driving the truck along a narrow hallway and into the defendant's elevator, "one of said defendant company's servants unknown to the plaintiff, started said elevator up to the fourth floor," causing the elevator to strike and catch the truck and crushing the plaintiff (who was at the rear of the truck) through the wall of the building, thus inflicting serious bodily injuries. The defendant demurred to the petition generally and specially, contending especially that it was insufficient because it did not state that the servant thus moving the elevator was then and there acting within the scope of his authority. The demurrers were overruled, and the defendant excepted. Held:

1. "Where the owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe." Civ. Code 1910, § 4420.

In such a case, in order for the doctrine of respondeat superior to have application, it must appear that the alleged negligent act of the defendant's servant occurred while he was acting as such servant, and within the scope of his employment. 4 Words and Phrases, Second Series, 358; 29 Cyc 477; Manning...