Legal Opinion · Dissent

Dixon v. Phillips

Court of Appeals of Georgia

Decided May 23, 1975No. 50097Published

1DissentStolz, Judge

Relying on the doctrine of stare decisis, the majority opinion specifically overrules Strickland v. Moore, 113 Ga. App. 209 (1) (147 SE2d 682); Pritchett v. Williams, 115 Ga. App. 8 (153 SE2d 639); and Trust Co. of Ga. v. Howard, 130 Ga. App. 725 (204 SE2d 499), and all other cases which conflict with the majority view. The essence of the majority opinion is summed up in the following: "The test *165to be observed is whether or not the car was at the time being operated in the owner’s business — in the business for which he furnished the car — to wit, the furnishing of pleasure to members of his…

2Cases cited19 opinions

  1. Griffin v. RussellSupreme Court of Georgia · 1915
  2. Fielder v. DavisonSupreme Court of Georgia · 1913
  3. Battle v. KilcreaseCourt of Appeals of Georgia · 1936
  4. Evans v. CaldwellCourt of Appeals of Georgia · 1936
  5. Frankel v. ConeSupreme Court of Georgia · 1959

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