Legal Opinion
Harris v. Smith
Court of Appeals of Georgia
Decided February 3, 1969No. 43884PublishedCited by 19 opinions
1Opinion of the Court
*307Hall, Judge.
Knowledge of the driver’s incompetency is an essential element of the rule which holds an owner liable for furnishing his automobile to an incompetent driver and such knowledge must be actual rather than constructive. Hines v. Bell, 104 Ga. App. 76 (3b) (120 SE2d 892); Roebuck v. Payne, 109 Ga. App. 525 (136 SE2d 399); Lee v. Swann, 111 Ga. App. 88 (140 SE2d 562); Saunders v. Vikers, 116 Ga. App. 733 (158 SE2d 324).
On the issue of the defendants’ knowledge of the driver’s incompetency the following showing was made by the plaintiff in opposition to the defendants’ motion for…
2Cases cited6 opinions
- Saunders v. VikersCourt of Appeals of Georgia · 1967
- McCurry v. BaileySupreme Court of Georgia · 1968
- Hines v. BellCourt of Appeals of Georgia · 1961
- Roebuck v. PayneCourt of Appeals of Georgia · 1964
- Young v. ReeseCourt of Appeals of Georgia · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kelly v. GwinnellSupreme Court of New Jersey · 1984
- Ontiveros v. BorakArizona Supreme Court · 1983
- Jones v. CloudCourt of Appeals of Georgia · 1969
- C. K. Security Systems, Inc. v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1976
- Thomason v. HarperCourt of Appeals of Georgia · 1982
14 more not listed; retrieve them via the Exa API.