Ayers v. Board of Education

Court of Appeals of Georgia

Ayers v. Board of Education

192 S.E. 256, 56 Ga. App. 146, 1937 Ga. App. LEXIS 304

CourtCourt of Appeals of Georgia

DecidedJuly 3, 1937

Docket26237

StatusPublished

Cited by4 cases

This text of 192 S.E. 256 (Ayers v. Board of Education) 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

Ayers v. Board of Education, 192 S.E. 256, 56 Ga. App. 146, 1937 Ga. App. LEXIS 304 (Ga. Ct. App. 1937).

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Opinion

Felton, J.

1. An action brought by plaintiff against the Board of Education of Hart County, to recover damages for the death of his son, who was alleged to have been killed by the negligence of a driver of a district school bus in said county, .who was employed by the defendants to transport pupils to and from school, including the plaintiff’s son, is held to have been subject to general demurrer and correctly dismissed, for the sole reason that a county board of education is not a body corporate with authority to be sued. Board of Education for Houston County v. Hunt, 29 Ga. App. 665 (116 S. E. 900).

2. The above is the only question adjudicated in. this case. Whether the petition otherwise sets forth a cause of _ action is not passed upon. Nothing herein shall, in a proper proceeding', be deemed an adjudication on the question of liability of the defendant or its insurer. None of the questions raised by the assignments of error on the sustaining of demurrers to amendments to the petition are passed on.

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.

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Felton, J.

1. An action brought by plaintiff against the Board of Education of Hart County, to recover damages for the death of his son, who was alleged to have been killed by the negligence of a driver of a district school bus in said county, .who was employed by the defendants to transport pupils to and from school, including the plaintiff’s son, is held to have been subject to general demurrer and correctly dismissed, for the sole reason that a county board of education is not a body corporate with authority to be sued. Board of Education for Houston County v. Hunt, 29 Ga. App. 665 (116 S. E. 900).

2. The above is the only question adjudicated in. this case. Whether the petition otherwise sets forth a cause of _ action is not passed upon. Nothing herein shall, in a proper proceeding', be deemed an adjudication on the question of liability of the defendant or its insurer. None of the questions raised by the assignments of error on the sustaining of demurrers to amendments to the petition are passed on.

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.

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Bluebook (online)

192 S.E. 256, 56 Ga. App. 146, 1937 Ga. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayers-v-board-of-education-gactapp-1937.

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