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Gallagher v. Gunn

85 S.E. 930, 16 Ga. App. 600, 1915 Ga. App. LEXIS 148
CourtCourt of Appeals of Georgia
DecidedJuly 29, 1915
Docket6132
StatusPublished
Cited by20 cases

This text of 85 S.E. 930 (Gallagher v. Gunn) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gallagher v. Gunn, 85 S.E. 930, 16 Ga. App. 600, 1915 Ga. App. LEXIS 148 (Ga. Ct. App. 1915).

Opinion

Bboyles, J.

1. When the plaintiff’s evidence showed that the defendant was the owner of the automobile that injured him, and that the chauffeur operating the machine at the time of the injury was the defendant’s servant, the presumption arose that the servant was engaged in the master’s business and within the scope of his employment; and the burden was then upon the defendant to show that the machine was not liis, or that the chauffeur was not his servant, or that the servant was not at the time of the injury engaged in the prosecution of the defendant’s business. Stewart v. Baruch, 103 N. Y. App. Div. 577 (93 N. Y. Supp. 161); Long v. Nute, 123 Mo. App. 204, 209, 210 (100 S. W. 511); Moon v. Matthews, 227 Pa. 488 (76 Atl. 219, 29 L. R. A. (N. S.) 856, 136 Am. St. R. 902); Fielder v. Davison, 139 Ga. 509 (77 S. E. 618).

2. While certain immaterial averments of the petition were not proved by the plaintiff’s evidence, a prima facie case was made out, and the court erred in awarding a nonsuit. Judgment reversed.

Action for damages; from city conrt of Macon — Judge Hodges. October 21, 1914. B. L. Berner, for plaintiff. W. D. McNeil, for defendant.

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Bluebook (online)
85 S.E. 930, 16 Ga. App. 600, 1915 Ga. App. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-gunn-gactapp-1915.