PRICE v. STAR SERVICE & PETROLEUM CORP.

44213, 44214.

119 Ga. App. 171 (1969)

166 S.E.2d 593

PRICE, as Next Friend and Individually v. STAR SERVICE & PETROLEUM CORPORATION et al.

Court of Appeals of Georgia.

Decided February 11, 1969.


Attorney(s) appearing for the Case

Ernest Bostick, Paul Carden, for appellants.

Bryan, Carter, Ansley & Smith, M. D. McLendon, Tommy T. Holland, for appellees.


EBERHARDT, Judge.

1. We affirm. While there is an inference that when a vehicle is operated by an employee of the owner it is operated within the scope of his employment and duty, the inference is overcome when there is uncontradicted positive evidence that the employee was, at the time in question, on a purely personal mission and not in the performance of any duty as an employee or servant of the owner. Brennan v...

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