Legal Opinion

Hirsh v. Andrews

Court of Appeals of Georgia

Decided May 3, 1950No. 32861, 32862PublishedCited by 16 opinions

1Opinion of the CourtGardner, J.

While it is doubtless true as a matter of statistics that most automobiles maintained for family pleasure and convenience are owned and maintained by the head of the family, ownership in itself is not the basis of liability under the “family-purpose” doctrine in this State. This is clearly ruled in Hexter v. Burgess, 52 Ga. App. 819 (184 S. E. 769), where the husband’s liability was not altered by the fact that the automobile'which he provided for family use was owned by a corporation of which he was an officer. As the court stated in that case, “Agency, not ownership is the test of…

2Cases cited3 opinions

  1. Cohen v. WhitemanCourt of Appeals of Georgia · 1947
  2. Hexter v. BurgessCourt of Appeals of Georgia · 1936
  3. Katz v. TurnerCourt of Appeals of Georgia · 1934

3Cited by16 opinions

  1. Nelson v. Spalding CountySupreme Court of Georgia · 1982
  2. Calhoun v. EavesCourt of Appeals of Georgia · 1966
  3. Mortensen v. KnightArizona Supreme Court · 1956
  4. Long v. SerrittCourt of Appeals of Georgia · 1960
  5. Dillard v. ClementsCourt of Appeals of Georgia · 1978

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