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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.