Griffin v. Russell
Supreme Court of Georgia
Action for damages. Before Judge George. Crisp superior court. October 31, 1914. G. E. Griffin filed a suit against Mrs. A. E. Russell, to recover damages, alleging, among other things, as follows: The defendant is the owner of an automobile, which she allows her minor son to run and operate.
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Action for damages. Before Judge George. Crisp superior court. October 31, 1914. G. E. Griffin filed a suit against Mrs. A. E. Russell, to recover damages, alleging, among other things, as follows: The defendant is the owner of an automobile, which she allows her minor son to run and operate. On a day named the defendant’s son was the chauffeur in charge of the car, operating it for the defendant, the owner thereof, and running it on the public road with the knowledge and consent of the owner. While the plaintiff was traveling in his buggy along the public road, the defendant’s minor son, who…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. In passing upon a demurrer to a petition, the petition and demurrer are to be considered, not oral admissions. Sicks v. Beacham, 131 Ga. 89 (62 S. E. 45).
It may be taken as settled law in this State that a father is not liable for the tort of a minor child, with which he was in no way connected, which he did not ratify, and from which he did not derive any benefit, merely because of the relation of parent and *278child. Chastain v. Johns, 120 Ga. 977 (48 S. E. 343, 66 L. R. A. 958). And this accords with the rulings of other courts on the subject. A child,…
2Cases cited22 opinions
- Birch v. AbercrombieWashington Supreme Court · 1913
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Stowe v. MorrisCourt of Appeals of Kentucky · 1912
- Doran v. ThomsenSupreme Court of New Jersey · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- Young v. MasciSupreme Court of the United States · 1933
- Arkin v. PageIllinois Supreme Court · 1919
- King v. SmytheTennessee Supreme Court · 1918
- Hubert v. HarpeSupreme Court of Georgia · 1935
- Stevens v. LutherNebraska Supreme Court · 1920
121 more not listed; retrieve them via the Exa API.