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Lawskills.com Georgia Caselaw
BOLIN v. PENNSYLVANIA THRESHERMEN & FARMERS MUTUAL CASUALTY INSURANCE Co. et al.
35788.
Action for damages. Before Judge Horne. Crisp Superior Court. May 5, 1955.
QUILLIAN, J.
1. A person engaged in the business of a motor common carrier under a certificate issued by the Public Service Commission cannot be sued in a county other than that of his residence for personal injuries or damage resulting from the negligent operation of a motor vehicle used in the conduct of the business. Youmans v. Hickman, 179 Ga. 684 (177 S. E. 238).
2. A common carrier that negligently injures a person, and the insurance company that issues the carrier an indemnity policy under the provisions of Code 68-612, are neither joint tortfeasors nor joint contractors, so as to bring the carrier and the insurance company within the provisions of Code (Ann.) 2-4904, permitting suit to be instituted against joint obligors or joint tortfeasors in the county of either. The liability of the carrier to the injured person arises from a tort in the commission of which the insurance company is not concerned. The insurance company's obligation to pay the damages caused by the carrier's negligence is a contractual duty not assumed by the carrier. It follows that, while by special statute (Code 68-612), joinder of the carrier and insurance company in the same action is permitted, a natural person engaged in the business of a common carrier cannot be joined with the insurance company in a suit instituted elsewhere than in the county where he resides.
Benjamin Zeesman, for plaintiff in error.
DECIDED SEPTEMBER 27, 1955 -- REHEARING DENIED OCTOBER 11, 1955.
Saturday May 23 02:48 EDT


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