AYERS v. BARNEY A. SMITH MOTORS

41494.

112 Ga. App. 581 (1965)

141 S.E.2d 753

AYERS v. BARNEY A. SMITH MOTORS, INC. et al.

Court of Appeals of Georgia.

Decided October 20, 1965.

Rehearing Denied November 3, 1965.


Attorney(s) appearing for the Case

Greer, Morris & Murray, Richard G. Greer, for plaintiff in error.

Jones, Sparks, Benton & Cork, Edward L. Benton, Willis B. Sparks, III, contra.


JORDAN, Judge.

The trial court erred in granting a summary judgment in favor of the defendant motor company. The fact that this defendant owned the automobile involved in the fatal occurrence and that its employee was driving the vehicle at the time, was sufficient to raise a presumption that the employee was operating the defendant's automobile within the scope of his employment. Dawson Motor Co. v. Petty, 53 Ga.App. 746 (1) (186 SE 877); Hall v. Cassell...

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