Harris v. Smith

119 Ga. App. 306 (1969)

167 S.E.2d 198

HARRIS et al.

v.

SMITH et al.

43884.

Court of Appeals of Georgia.

Submitted September 6, 1968.

Decided February 3, 1969.

Rehearing Denied March 6, 1969.

Payne, Barlow & Green, William O. Green, Jr., Richard C. Alderman, for appellants.

Long, Weinberg & Ansley, Ben L. Weinberg, Jr., Charles E. Walker, for appellees.

HALL, 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.…