HIGGINS v. D. & F. ELECTRIC CO.

40946, 40947.

110 Ga. App. 790 (1964)

140 S.E.2d 99

HIGGINS, Executrix v. D. & F. ELECTRIC COMPANY. HIGGINS v. D. & F. ELECTRIC COMPANY.

Court of Appeals of Georgia.

Rehearing Denied December 8, 1964.


Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, Donald D. Smith, for plaintiffs in error.

Greene, Neely, Buckley & DeRieux, Harry L. Greene, contra.


JORDAN, Judge.

It is contended by the defendant electrical company that the plaintiff's petition did not state a cause of action against it, and was thus properly dismissed on general demurrer, for the reasons that the facts alleged affirmatively disclosed that (1) the contract to perform the electrical work in the home of the plaintiff and her decedent was the individual undertaking of Cash who was not acting as agent or employee of the defendant company; (2) the...

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