Niebuhr v. Pridgen Bros.

Felton, J.

A nonsuit is proper where the evidence fails to show that a tort committed by an agent was within the scope of his authority or that it was authorized or ratified by officials of the defendant corporation having authority to do so. Wikle v. Louisville & Nashville Railroad Co., 116 Ga. 309 (42 S. E. 525).

Judgment affirmed.

Button, J., concurs. Stephens, P. J., dissents. A. N. Durden, J. M. Forrester, for plaintiff. J. W. Dennard, for defendant.