McElroy v. McCord

Duckworth, Chief Justice.

1. By reason of the failure of the act (Ga. L. 1955, p. 454) to require, as a condition precedent to the liability of the owner of the motor vehicle therein referred to, knowledge of said owner, there may be very serious doubt as to the constitutionality of the act under Art. 1, Sec. 1, Par. 3 of the Constitution (Code, Ann., § 2-103); but since such constitutional question was not raised in and ruled upon by the trial court, this court can not consider it but must treat the act as being valid.

2. In alleging personal injuries suffered as a result of the negligent…