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MINNESOTA MINING &c. CO. v. ELLINGTON

35632.

92 Ga. App. 24 (1955)

87 S.E.2d 665

MINNESOTA MINING & MANUFACTURING CO. v. ELLINGTON.

Court of Appeals of Georgia.

Decided May 3, 1955.

Attorney(s) appearing for the Case

Moise, Post & Gardner, R. Emerson Gardner, Hugh E. Wright, for plaintiff in error.

Robert Carpenter, Ferrin Mathews, Joe Browne, contra.

FELTON, C. J.

On demurrer this court must accept as true the allegations which deal with the authority delegated to the employee team manager by his employer, since it is conceivable that there might be circumstances under which the allegations could be true and susceptible of proof. Under the allegations it would be a question for a jury whether the employee defendant was acting in the prosecution of his employer's business...

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