Supreme Court of Georgia, 1881

McDonald v. Eagle & Phenix Manufacturing Co.

McDonald v. Eagle & Phenix Manufacturing Co.
Supreme Court of Georgia · Decided May 15, 1881
67 Ga. 761

McDonald v. Eagle & Phenix Manufacturing Co.

Opinion of the Court

β€œThe principal is liable for his own negligence-or misconduct, and hence his liability rests on his own negligence or misconduct in the employment of his agents; and if he uses ordinary diligence in employing competent men it is enough to relieve him. He is not liable for the negligence of a fellow-servant while engaged in the same employment, unless he has been negligent in the selection of that servant, or retained him after knowledge of his incompetency. Nor will the fact that the person is found incompetent, of itself, and without more, show negligence of the master ; but it must further appear that the master knew or might have known, by ordinary diligence, the incompetency of the agent or servant. Law of master and servant, 333, 423-432; 2d Thomps., 969; Sherman & Red., 31; 1 Am. Rail., 536.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.