18 Ga. App. 483 | Ga. Ct. App. | 1916
Joe Stevens brought suit for damages in the sum of $500 against the Little-Cleclder Construction Company, and his petition alleged in substance the following facts: The LittleCleckler Construction Company, during the month of August, 1915, was engaged in the building of a court-house at Lincolnton, Georgia, and petitioner was during that month employed by the defendant company as a day-laborer at so much per day. About August 13 the petitioner, desiring to return to his home at Washington, Georgia, made demand on the paymaster of the company for his wages for that week, and the demand was refused, defendant advising him that it was after pay hours. Thereupon petitioner endeavored to obtain the sum due him, from several officials connected with the company, because he expected to leave at daylight the next morning, but his demands were refused. On the
The defendant demurred to the petition, and upon the hearing thereof the plaintiff offered the following amendment to his peti
In our opinion, the court erred in refusing to allow the proffered amendment,,and in dismissing the petition on demurrer. While it is true that a corporation is not liable for damages resulting from the speaking of false, malicious, and defamatory words by an agent, unless it affirmatively appears that the agent was directed or authorized by the corporation to speak such words (Jackson v. Atlantic Coast Line R. Co., 8 Ga. App. 495, 69 S. E. 919; Behre v. National Cash Register Co., 100 Ga. 213, 27 S. E. 986, 62 Am. St. R. 320), yet the rejected amendment showed much more than mere defamatory words uttered by an agent of the defendant corporation; it alleged in substance that the agent of the defendant company not only spoke slanderously of the plaintiff, but that, acting for the company in the conduct of its business, he specifically advised the prosecutor Hill to swear out a criminal warrant against the petitioner; that this warrant was sworn out, and that the defendant ratified this action of its agent in advising that this' warrant be issued, and that the warrant was issued with its full knowledge and connivance. In the Civil Code, § 4433, it is declared that a false and malicious charge against a person which is calculated to injuriously affect his financial standing as a business man is actionable per se, in that damage ;will be inferred; and under section 4450 an arrest under process of law, without probable cause, when done maliciously, gives a right of action to the party arrested. The petition was possibly subject to special de
Under the foregoing ruling it is clear that the plaintiff’s petition showed a cause of action, and that it was error to dismiss it upon demurrer. Judgment reversed.