Maryland Casualty Co. v. Lanham
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Hamilton. City court of Floyd county. June 3, 1905. The Maryland Casualty Company brought its action for damages against William Lanham, on account of an alleged tort in breaking a plate-glass window with a stone. The plaintiff was an insurance company, one feature of the business of which was to insure against losses by breakage of plate glass.
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Motion to set aside judgment. Before Judge Hamilton. City court of Floyd county. June 3, 1905. The Maryland Casualty Company brought its action for damages against William Lanham, on account of an alleged tort in breaking a plate-glass window with a stone. The plaintiff was an insurance company, one feature of the business of which was to insure against losses by breakage of plate glass. It alleged, that it had been obliged, under this contract of insurance, to replace the broken glass at an expense of $85, which it did on October 25, 1902; and that the owners of the glass had transferred to…
1Opinion of the CourtLuMPKiN, J.
(After stating the facts.) 1. “Infancy is no defense to an action for a tort, provided the defendant has arrived at those years of discretion and accountability prescribed by this code for criminal offenses.” Civil Code, §3904. As to the liability of an -infant for torts, see also 38 Am. Law Rev. 371. This rule refers to the liability of an infant for his torts, and not to the proper manner of bringing suit against him therefor. So likewise the rule that the exemption of an infant generally from liability, on his contracts is a personal privilege (Civil Code, §3649) does not affect the proper…
2Cases cited10 opinions
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Nicholson v. Wilborn & McWhorterSupreme Court of Georgia · 1853
- Burnett v. SummerlinSupreme Court of Georgia · 1900
- Kilpatrick v. StrozierSupreme Court of Georgia · 1881
- Oliver v. McDuffieSupreme Court of Georgia · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Miller v. LuckeySupreme Court of Georgia · 1909
- Douglas v. JohnsonSupreme Court of Georgia · 1908
- Sawyer v. WareSupreme Court of Oklahoma · 1912
- Brown v. AndersonSupreme Court of Georgia · 1938
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
15 more not listed; retrieve them via the Exa API.