Smallwood v. Hall County
Smallwood v. Hall County
Opinion of the Court
1. The petition seeking damages from Hall County arising out of the alleged negligent operation of the county’s truck by a named driver, does not disclose, either expressly or by necessary implication, the existence of the agency of the driver, nor the connection of his act with the employment; therefore, the court did not err in its judgment sustaining the general demurrer. Code § 105-108; Lewis v. Amorous, 3 Ga. App. 50 (1) (59 SE 338). Neither does the petition show affirmatively that the action is authorized under the Constitution or statutes of this State. Decatur County v. Townsend, 46 Ga. App. 103 (1) (166 SE 774). And see Almon v. Terrell County, 89 Ga. App. 403 (79 SE2d 430).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.