Almon v. Terrell County

Court of Appeals of Georgia

Almon v. Terrell County

79 S.E.2d 430, 89 Ga. App. 403, 1953 Ga. App. LEXIS 973

CourtCourt of Appeals of Georgia

DecidedDecember 2, 1953

Docket34810

StatusPublished

Cited by2 cases

This text of 79 S.E.2d 430 (Almon v. Terrell County) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Almon v. Terrell County, 79 S.E.2d 430, 89 Ga. App. 403, 1953 Ga. App. LEXIS 973 (Ga. Ct. App. 1953).

Pincite

Opinion

Eelton, J.

A county is not liable in damages for an assault committed by a county warden in the course of the county’s grading and road work under a contract with the State Highway Department under Code (Ann. Supp.) § 95-2217. A county is not liable for any cause of action unless a statute provides therefor, or unless the cause of action arises out of the constitutional prohibition contained in Code (Ann.) § 2-301. Code § 23-1502. The present action does not come under any constitutional or statutory provision. The fact that the contract between the county and the State Highway Department provided that the county would indemnify the department against any claim or liability arising from or based on the violation of any laws, etc., would not give rise to a cause of action not authorized by the Constitution or acts of the General Assembly. The State Highway Department cannot legislate by contract without constitutional authority. Whether the action should fail for other reasons is not considered. See Hammond v. County of Richmond, 72 Ga. 188; Bailey v. Fulton County, 111 Ga. 313 (36 S. E. 596); Ware County v. Cason, 189 Ga. 78 (5 S. E. 2d 339); Millwood v. DeKalb County, 106 Ga. 743 (32 S. E. 577); Purser v. Dodge County, 188 Ga. 250 (3 S. E. 2d 574); Seymore v. Elbert County, 116 Ga. 371 (42 S. E. 727); Arnold v. Walton, 205 Ga. 606 (54 S. E. 2d 424); Ayers v. Franklin County, 73 Ga. App. 207 (36 S. E. 2d 110); Mills v. Chatham County, 27 Ga. App. 223 (107 S. E. 628); Decatur County v. Townsend, 46 Ga. App. 103 (1) (166 S. E. 774); Fulton County v. Gordon Water Company, 37 Ga. App. 290 (1) (140 S. E. 45); Newberry v. Hall County, 52 Ga. App. 472 (1) (183 S. E. 664). The court did not- err in sustaining the general demurrer of Terrell County and in dismissing the action as to it.

Judgment affirmed.

Sutton, C. J., and Quillian, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Eelton, J.

A county is not liable in damages for an assault committed by a county warden in the course of the county’s grading and road work under a contract with the State Highway Department under Code (Ann. Supp.) § 95-2217. A county is not liable for any cause of action unless a statute provides therefor, or unless the cause of action arises out of the constitutional prohibition contained in Code (Ann.) § 2-301. Code § 23-1502. The present action does not come under any constitutional or statutory provision. The fact that the contract between the county and the State Highway Department provided that the county would indemnify the department against any claim or liability arising from or based on the violation of any laws, etc., would not give rise to a cause of action not authorized by the Constitution or acts of the General Assembly. The State Highway Department cannot legislate by contract without constitutional authority. Whether the action should fail for other reasons is not considered. See Hammond v. County of Richmond, 72 Ga. 188; Bailey v. Fulton County, 111 Ga. 313 (36 S. E. 596); Ware County v. Cason, 189 Ga. 78 (5 S. E. 2d 339); Millwood v. DeKalb County, 106 Ga. 743 (32 S. E. 577); Purser v. Dodge County, 188 Ga. 250 (3 S. E. 2d 574); Seymore v. Elbert County, 116 Ga. 371 (42 S. E. 727); Arnold v. Walton, 205 Ga. 606 (54 S. E. 2d 424); Ayers v. Franklin County, 73 Ga. App. 207 (36 S. E. 2d 110); Mills v. Chatham County, 27 Ga. App. 223 (107 S. E. 628); Decatur County v. Townsend, 46 Ga. App. 103 (1) (166 S. E. 774); Fulton County v. Gordon Water Company, 37 Ga. App. 290 (1) (140 S. E. 45); Newberry v. Hall County, 52 Ga. App. 472 (1) (183 S. E. 664). The court did not- err in sustaining the general demurrer of Terrell County and in dismissing the action as to it.

Judgment affirmed.

Sutton, C. J., and Quillian, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

79 S.E.2d 430, 89 Ga. App. 403, 1953 Ga. App. LEXIS 973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/almon-v-terrell-county-gactapp-1953.

Opinion

Related

Cite This Page — Counsel Stack