Soles v. Beasley

Marshall, Judge.

In response to appellant’s complaint for personal injuries arising out of an automobile accident, defendant-appellee answered and moved for summary judgment on the ground that appellee was only 12 years old at the time of the accident and could not be held legally accountable for his negligence, if any, under Code § 105-1806 (infancy) and Ga. L. 1968, pp. 1249, 1270 (Code Ann. § 26-701). The trial court granted appellee’s motion for summary judgment. Held:

1. The constitutionality of Code § 105-1806 was not raised as an issue in the trial and therefore cannot be raised for the…