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PEABODY MANUFACTURING CO. v. SMITH

36136, 36137.

94 Ga. App. 240 (1956)

94 S.E.2d 156

PEABODY MANUFACTURING CO. v. SMITH et al. MULLINS v. PEABODY MANUFACTURING CO. et al.

Court of Appeals of Georgia.

Rehearing Denied July 17, 1956.

Attorney(s) appearing for the Case

Carter, Latimer & Savell, for Peabody Manufacturing Company.

Hurt, Gaines & Baird, W. Neal Baird, J. Corbett Peek, Jr., for Smith.

Nall, Sterne, Miller, Cadenhead & Dennis, John J. Poole, A. Paul Cadenhead, for Mullins.

NICHOLS, J.

1. The Supreme Court in Brown v. Smith & Kelly, 86 Ga. 274, 277 (12 S. E. 411, 22 Am. St. R. 456), recognized the rule that only the master of a servant could be held liable for his negligence. The exceptions to this rule are set forth in Code § 105-502 where it is provided that in certain cases the employer of a contractor may be held liable for the negligence of the contractor, or his employees. In the present case the employer...

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