Effect of Verdict for Employee in Joint Action Against Employer and Employee

The recent decision in the case of Moffett v. McCurry, decided by a full bench of the Court of Appeals of Georgia, brings to mind the question presented by this comment. That is, what is the effect of a verdict in favor of the employee in a joint action against the employer and employee? In considering this problem, there are actually two different answers, both of which are followed by a majority of the jurisdictions in the United States. And these two solutions are not inconsistent, but are rather in harmony, one applying under one situation of facts and the other under a different situation of facts

Case Notes

Administrative Law - Justiciable Controversy - Rights to Injunctive Relief from Communistic Listing by Attorney General (Joint Anti-Fascist Refugee Committee v. McGrath, U .S. 1951) Insurance - Exclusionary Clause - Construction of Term Possession (McDowell Motor Co. v. N. Y. Underwriters Ins. Co., N.C. 1951) Municipal Corporations - Liability for Negligence - Injury to Prisoner on Street Project (City of Atlanta v. Hurley, Ga. 1951) Partnerships - Joint Adventures - Intent Necessary to Constitute Joint Adventure (Lilly v. Munsey, W .Va. 1951) Practice and Procedure - Declaratory Judgments - Supreme Court Jurisdiction in Cases Not Involving Title to Land or Equitable Relief (Bond v. Ray, Ga. 1951 ) Torts - Legislative Immunity - Investigating Committees (Tenney v. Brandhove, U.S. 1951) Trade Regulation - Price Fixing - Non-Signer Provision in State Fair Trade Act (Schwegmann Brothers v. Calvert Distillers Corp., U.S. 1951) Wills - Adoption - Revocation of Previously Made Will By Adoption of Child (Thornton v. Anderson, Ga. 1951) Wills - Construction - Income Tax Liability on Bequests (In re Nevil\u27s Estate, Pa. 1951) Wills - Disposition of Property by Life Tenant Under Power of Appointment (Blanks v. Jiggetts, Va. 1951