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Action for damages; nonsuit; from Lumpkin Superior Court-- Judge Edmondson. October 22, 1952.
The evidence presented a jury question as to whether the defendant Seitz was an agent of the defendant Truelove at the time of the collision, and the court erred in granting a nonsuit as to the defendant Truelove.
Thurston Hatcher sued Lloyd Douglas Seitz and Harold Truelove for damages resulting from an automobile collision allegedly due to the defendants' negligence. The petition alleged that, at the time of the collision, the defendant Seitz was driving the defendant Truelove's automobile, that Truelove was a passenger in the automobile, and that the automobile was being operated by Seitz under Truelove's supervision, direction, and control. After the introduction of certain of the plaintiff's evidence the court entered the following order: "The plaintiff having failed after the introduction of all his evidence respecting agency, in the court's opinion, to make out a case respecting agency between the defendant Lloyd D. Seitz as agent and defendant Harold Truelove as principal, a nonsuit as to the defendant Harold Truelove, over objections of plaintiff, is adjudged ex mero motu, and the issue as to defendant Lloyd D. Seitz is withdrawn from the consideration of the jury." To such order the plaintiff excepts.
The plaintiff in error contends that the court erred in granting a nonsuit because the evidence presented a question for the jury as to agency. We agree. The plaintiff testified that the defendant Truelove told him, "Mr. Seitz was driving the car for me. The word "for" as used with its context in such statement means "on behalf of" the defendant Truelove. Chelsea Corp. v. Steward, 82 Ga. App. 679, 686 (62 S. E. 2d, 627); Young v. Wilson, 183 Ga. 59, 74 (187 S. E. 44); 17 Words & Phrases, p. 215. Truelove denied having made such a statement and testified that Seitz had merely borrowed the automobile for his own personal use. Nothing else appearing, the jury could have believed the plaintiff and disbelieved all the evidence tending to disprove agency and could have found that at the time of the collision Seitz was the defendant Truelove's agent acting for and on behalf of Truelove.
99 (2) (80 S. E. 212). See also Conney v. Atlantic Greyhound Corp., 81 Ga. App. 324 (58 S. E. 2d, 559).
It is not necessary to consider the other assignments of error under the ruling made above.
The court erred in awarding the nonsuit.
Judgment reversed. Sutton, C. J., and Worrill, J., concur.
Wm. P. Whelchel, contra.
G. Seals Aiken, F. L. Breen, for plaintiff in error.
Saturday May 23 04:12 EDT

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