Court of Appeals of Georgia.
B & B PIPELINE COMPANY, INC. et al.
Submitted Oct. 16, 1978.
Decided Nov. 2, 1978.
After his Clayton County suit for injunctive relief against
water authority and construction company had been
dismissed, landowner filed suit against water authority,
pipeline company and construction company to recover
money damages on grounds of trespass and breach of
contract. The Superior Court, Cobb County, Williford, Senior
J., granted summary judgment in favor of water authority
and pipeline company and landowner appealed. The Court of
Appeals, Webb, J., held that: (1) construction company was
an independent contractor, and (2) statutory section making
employer liable for torts arising from employee’s violation of
an express contractual obligation was not applicable to instant
West Headnotes (3)
 Judgment Admissibility in General
If a prior case is to have a res judicata application,
record of prior case must be introduced into
 Labor and Employment Independent
Where no direction or control over method,
manner or means of construction sewer line,
which was performed by construction company,
was exercised by contractor or subcontractor,
construction company was an independent
contractor and not agent or servant of either
contractor or subcontractor. Code, § 105–501.
5 Cases that cite this headnote
 Labor and Employment Construction
In view of fact that subcontractor was
independent contractor in construction of
sewerline and that alleged damage to
landowner’s walnut trees was a collateral tort by
subcontractor, water authority, which possessed
sewer easement, and prime contractor could
not be held liable for damages under statutory
section making employer liable for employee’s
torts arising from violation of an express
contractual obligation. Code, § 105–502, subd. 3.
10 Cases that cite this headnote
Attorneys and Law Firms
**582 *877 Arnold, Bray & Hislip, C. Crandle Bray,
Martin L. Cowen, III, Riverdale, for appellant.
Henning, Chambers & Mabry, Walter B. McClelland, Atlanta,
**583 *875 WEBB, Judge.
W. C. Fields granted a sewer easement to Clayton County
Water Authority in June of 1976 which included a 50-
foot construction easement across his property. Thereafter
the Water Authority subcontracted the actual construction
of the sewer to B & B Pipeline Company, which, in turn,
subcontracted a portion of the sewer line work including
that to be installed on Fields’ property to Gause Construction
Company. Contending that in October Gause damaged walnut
trees on his property outside the construction easement, Fields
sought injunctive relief in Clayton Superior Court against
the Water Authority and Gause. On November 12 that court
dismissed the suit against all defendants, holding that both
B & B and Gause were independent contractors of the
Water Authority and the Water Authority was therefore not
responsible for any damage done by its subcontractors; and
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