1 Ga. App. 636 | Ga. Ct. App. | 1907
Lead Opinion
The record in this case shows that the Century Building Company, of Atlanta, the plaintiff in error, is a corporation owning and operating an office building. Ingress and egress into and from the building is by revolving doors, and boys were in the habit of interfering with the doors, preventing their revolution, and obstructing free passage into and out of the building; and these acts of trespass not only interfered with the convenience of those who had business there, but were in a
This was substantially all of the testimony for the plaintiff on the point now under consideration; and it does not by any means make a strong case in favor of the contention that the act in question was within the scope of the servant’s employment and in the prosecution of the master’s business. Whether the servant was acting within the scope of his employment, when he committed the acts complained of, was for the determination of the jury; and although the evidence was weak, and even preponderated against the affirmative view of the question, there is no complaint that it was not fairly submitted to the jury by the court; and the trial judge was satisfied with the jurj’-’s solution. Where there is any evidence at all to support the verdict, this court has no legal au
Judgment affirmed.
Dissenting Opinion
dissenting. I can not agree that under the facts the master was responsible for the.tort of this servant. To hold the owners of the building liable for an arrest made by an elevator starter, when the nearest approach to authority given him to that end by the master was an instruction that if trespassers continued