Home/Supreme Court of Georgia/Murphey v. New South Brewery & Ice Co.

Murphey v. New South Brewery & Ice Co.

89 S.E. 704, 145 Ga. 561, 1916 Ga. LEXIS 401
CourtSupreme Court of Georgia
DecidedJuly 11, 1916
StatusPublished
Cited by11 cases

This text of 89 S.E. 704 (Murphey v. New South Brewery & Ice Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphey v. New South Brewery & Ice Co., 89 S.E. 704, 145 Ga. 561, 1916 Ga. LEXIS 401 (Ga. 1916).

Opinion

Beck, J.

1. Where the agent of a corporation engaged in the business of selling certain commercial products manufactured by it committed an unprovoked assault and battery upon the plaintiff, inflicting upon him severe personal injuries, the plaintiff could not maintain a suit for damages against the corporation on this account, although it knew that the agent was a person of violent temper, and in fact had employe'd him because it knew that he was a man prone to make unprovoked attacks upon others; it not appearing that the corporation authorized the assault, or that it assented to the tort complained of.

2. Applying what has been said to the facts pleaded in this case, it was not error for the court -to sustain a general demurrer to the petition. Civil Code, § 3603; Waller v. Southern Ice & Coal Co., 144 Ga. 695 (87 S. E. 888), and cases there cited.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
89 S.E. 704, 145 Ga. 561, 1916 Ga. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphey-v-new-south-brewery-ice-co-ga-1916.