4 Ga. App. 120 | Ga. Ct. App. | 1908
The plaintiff brought this action to recover damages for personal injuries caused by the negligence of an alleged
We think the charge incorrectly interpreted the law on this particular point. If a servant who is employed to perform certain work for his master procures another person to assist him in the work, the master is not liable for the negligence of the latter, except when the servant had authority from the master, express or implied, to employ the assistant, or when the employment of the assistant was subsequently ratified by the master. In the case of Haluptzok v. Great Northern R. Co., 55 Minn. 446 (56 N. W. 144, 26 L. R. A. 739), the court says: "Under the doctrine pf respondeat superior, a master, however careful in the selection of his servant, is responsible to strangers for their negligence committed in the course of their employment. The doctrine is at best somewhat severe, and," if a man is to be held liable for the acts of his servants, he certainly should have the exclusive right to determine who they shall be. Hence, we think, in every well-con.sidered case where a person has been held liable, under the doc
The other assignments of error are immaterial, in view of this ruling. * Judgment reversed.