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CANDACE, INC. v. NEWTON

35327.

91 Ga. App. 357 (1955)

85 S.E.2d 616

CANDACE, INC. v. NEWTON.

Court of Appeals of Georgia.

Decided January 11, 1955.

Attorney(s) appearing for the Case

John L. Westmoreland, John L. Westmoreland, Jr., for plaintiff in error.

Martin H. Peabody, contra.

NICHOLS, J.

Code § 105-108 holds every person 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."

The allegations of agency in the instant case clearly fall within the rule laid down in Conney v. Atlantic Greyhound Corp., 81 Ga.App. 324

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