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2018 Georgia Code 10-6-39 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

Section 6. Agency, 10-6-1 through 10-6-142.

ARTICLE 2 RELATIONS BETWEEN PRINCIPAL AND AGENT

10-6-39. Liability of principal for injuries by other agents.

Except as otherwise expressly provided, the principal shall not be liable to one agent for injuries arising from the negligence or misconduct of other agents about the same business.

(Orig. Code 1863, § 2180; Code 1868, § 2176; Code 1873, § 2202; Code 1882, § 2202; Civil Code 1895, § 3030; Civil Code 1910, § 3602; Code 1933, § 4-217.)

Cross references.

- Liability of employer for injury to employee by other employees, § 34-7-21.

Liability of railroad employer for injuries to employees, § 34-7-41.

JUDICIAL DECISIONS

Continuation of common-law rule.

- At common law there could be no recovery against the principal for injuries sustained by an agent from the negligence or misconduct of other agents of the principal, engaged in the same business, and this rule was generally in force in this state by virtue of former Code 1873, § 2202. Crusselle v. Pugh, 67 Ga. 430, 44 Am. R. 724 (1881); Barry v. McGhee, 100 Ga. 759, 28 S.E. 455 (1897); Kilgo v. Rome Soil Pipe Mfg. Co., 16 Ga. App. 737, 86 S.E. 82 (1915); Lamb v. Floyd, 148 Ga. 357, 96 S.E. 877, 1 A.L.R. 1172 (1918).

Exception as to railroad employees.

- Exception has been made to the general rule laid down in this section in the case of railroad employees. Robinson v. Huidekoper, 98 Ga. 306, 25 S.E. 440 (1896); Lamb v. Floyd, 148 Ga. 357, 96 S.E. 877, 1 A.L.R. 1172 (1918).

Principal shall not be liable for injuries arising from the negligence or misconduct of another agent in the same business and declares an exception in case of railroads. Thompson v. Central R.R. & Banking Co., 54 Ga. 509 (1875).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Employment Relationship, § 323 et seq.

C.J.S.

- 30 C.J.S., Employer's Liability for Injuries to Employees, § 228 et seq.

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