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POPE v. SEABOARD AIR LINE R. CO.

34677.

88 Ga. App. 557 (1953)

77 S.E.2d 55

POPE v. SEABOARD AIR LINE RAILROAD COMPANY et al.

Court of Appeals of Georgia.

Decided July 14, 1953.

Attorney(s) appearing for the Case

Dudley Cook, Lewis & Lewis, for plaintiff in error.

MacDougald, Troutman, Sams & Schroder, Neel & Ault, contra.

SUTTON, C. J.

1. Code § 105-108 provides as follows: "Every person shall be liable for torts committed by . . . his servant, by his command or in the prosecution and within the scope of his business, whether the same shall be by negligence or voluntary." As construed in Frazier v. Southern Ry. Co., 200 Ga. 590, 593 (37 S.E.2d 774), "The word `voluntary' in § 105- 108 will cover any or all motives or purposes of the wrongdoer, acting in the...

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