lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
LEE v. SWANN.
41037.
HALL, Judge.
Action for damages. Fulton Superior Court. Before Judge McKenzie.
The defendant's deposition showed these facts: The defendant operated a business of selling and delivering supplies to restaurants and employed three truck drivers as delivery men. The defendant was informed when he employed the driver who collided with the plaintiff that this employee had had some drinking problems and some domestic problems and had lost a job; he asked the employee if he had a chauffeur's license and received an affirmative reply; he did not know that the employee had been convicted of traffic offenses and of driving while under the influence of intoxicants; and he did not check with official sources to learn whether or not the employee had a driver's license.
The facts in evidence did not prove that the defendant had actual knowledge that the driver was incompetent, which is essential to fix liability on an owner for furnishing his automobile to an incompetent driver; nor was there proof of circumstances that will admit of no other reasonable conclusion than that the defendant's denial of knowledge of the driver's incompetency is untrue. Roebuck v. Payne, 109 Ga. App. 525 (136 SE2d 399); Hines v. Bell, 104 Ga. App. 76, 84 (120 SE2d 892).
Wilson, Branch, Barwick & Vandiver, M. Cook Barwick, Thomas S. Bentley, contra.
Alford Wall, Hilton M. Fuller, Jr., for plaintiff in error.
DECIDED JANUARY 27, 1965.
Friday May 22 21:03 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com