31 S.E.2d 426 | Ga. Ct. App. | 1944
1. There is no liability on the part of the master arising from the mere relationship of master and servant. A petition against the master for a tort committed by his servant, to be good as against general demurrer, in addition to showing that the relationship of master and servant existed on the occasion in question, must further show that the servant acted by command of the master or that the wrongful act was perpetrated in the prosecution and within the scope of the master's business.
2. Where the petition by its allegations revealed that at the time of the alleged tortious act the servant was wholly disconnected from the master's business and was not acting within the scope of the servant's employment, its dismissal on general demurrer was proper.
2. There is a long line of decisions to the effect that if the servant steps aside from his employment and acts without the scope of his master's business, and commits a tort, the master is not liable. Henderson v. Nolting First Mortgage Corp.,
The court did not err in sustaining the demurrer and dismissing the petition for any of the reasons assigned.
Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur.