Bartoletti v. Kushner

As I view the case, the issue depends upon the proper contemporary construction of Code § 105-1806, which, as pointed out in Hatch v. O’Neill, 231 Ga. 446 (202 SE2d 44), appeared in identical language in our original Code of 1863, § 2996, as follows: "Infancy is no defense to an action for a tort, provided the defendant has arrived at those years of discretion and accountability prescribed by this Code for criminal offenses.” (Emphasis supplied.) "This Code” as Justice Ingram pointed out in his dissent tracing the history of the legislation in Hatch, supra, was authorized by an Act of…