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.
ARTICLE 3 RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS
Law reviews.
- For article, "Noticing the Bankruptcy Sale: The Purchased Property May Not Be as 'Free and Clear of All Liens, Claims and Encumberances' as You Think," see 15 (No. 5) Ga. St. B. J. 12 (2010).
Cross references.- Liability of corporations to third persons for acts of officers relating to limitation upon power of officer not known to such third persons, § 14-2-150.
Imputing of negligence of one person to another person, § 51-2-1.
JUDICIAL DECISIONS
Construction of article.
- Whole of this article is to be taken together. First Nat'l Bank v. Charles Nelson & Co., 38 Ga. 391, 95 Am. Dec. 400 (1868); Byne v. Hatcher, 75 Ga. 289 (1885).
Apparent authority vanishes in presence of knowledge of agent's powers.
- Doctrine of apparent authority rests upon principle that if one of two innocent parties must suffer, the one must bear the burden who places another in a position to cause loss. It necessarily follows that the doctrine may not be invoked by one who knows or has good reason to know the limits and extent of an agent's authority. In such cases the rule is that any apparent authority that might otherwise exist vanishes in presence of person's actual or constructive knowledge of what agent is or is not empowered to do. Atlanta Limousine Airport Servs., Inc. v. Rinker, 160 Ga. App. 494, 287 S.E.2d 395 (1981).
RESEARCH REFERENCES
ALR.
- Liability for misconduct or negligence of messenger not directly related to the service, 18 A.L.R. 1416.
Liability of principal for amount of fraudulent excess collection by agent, 33 A.L.R. 90; 46 A.L.R. 1212.
Validity of contract negotiated by agent acting for both parties, 48 A.L.R. 917.
Regulations, rules, custom, or usage of stock or produce exchange or of stock or produce broker as affecting customers, 79 A.L.R. 592.
Liability of infant for torts of his employee or agent, 103 A.L.R. 487.
"Vouching in" of one who is not liable over to defendant but is liable over to one whom the defendant has vouched in, 123 A.L.R. 1153.
Lessee as agent of lessor within contemplation of mechanic's lien laws, 163 A.L.R. 992.
Overcoming inference or presumption of driver's agency for owner, or latter's consent to operation, of automobile, 5 A.L.R.2d 196.
Owner's presence in motor vehicle operated by another as affecting owner's rights or liability, 50 A.L.R.2d 1281.
Shipowner's liability to longshoreman for injuries due to aspects of unseaworthiness brought about by acts of stevedore company or latter's servants, 77 A.L.R.2d 829.
Principal's liability for false arrest or imprisonment caused by agent or servant, 92 A.L.R.2d 15; 93 A.L.R.3d 826.
Release of (or covenant not to sue) master or principal as affecting liability of servant or agent for tort, or vice versa, 92 A.L.R.2d 533.
Right of manufacturer or seller to contribution or indemnity from user of product causing injury or damage to third person, and vice versa, 28 A.L.R.3d 943.
Liability of executor or administrator, or his bond, for loss caused to estate by act or default of his agent or attorney, 28 A.L.R.3d 1191.
Relief to owner of motor vehicle subject to state forfeiture for use in violation of narcotics laws, 50 A.L.R.3d 172.
Principal's liability for punitive damages because of false arrest or imprisonment, or malicious prosecution, by agent or employee, 93 A.L.R.3d 826.
Fact that passenger in vehicle is owner as affecting right to recover from driver for injuries to, or death of, passenger incurred in consequence of driver's negligence, 21 A.L.R.4th 459.
Fact that passenger in negligently operated motor vehicle is owner as affecting passenger's liability to or rights against third person--modern cases, 37 A.L.R.4th 565.