Soles v. Beasley

Supreme Court of Georgia

Soles v. Beasley

216 S.E.2d 864, 234 Ga. 622, 1975 Ga. LEXIS 1204

CourtSupreme Court of Georgia

DecidedJune 17, 1975

Docket30045

StatusPublished

Cited by2 cases

This text of 216 S.E.2d 864 (Soles v. Beasley) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Soles v. Beasley, 216 S.E.2d 864, 234 Ga. 622, 1975 Ga. LEXIS 1204 (Ga. 1975).

Pincite

Opinion

Hill, Justice.

Plaintiff sued the defendant, a minor under age 13, for negligence. The defendant’s motion for summary judgment was granted based upon his immunity from liability in tort by reason of his age. The appellant contends on appeal that Code § 105-1806 denies equal protection of the law because when a minor under age 13 is sued as a defendant for alleged negligence the law provides such minor immunity from liability for negligence, whereas when a minor under age 13 sues as a plaintiff for alleged negligence the law provides that such minor is not immune from the defense of contributory negligence. However, there is nothing in the record before this court to show that this constitutional question was raised or ruled upon by the trial court. Therefore this case is not within the jurisdiction of this court and the appeal is transferred to the Court of Appeals.

Transferred to the Court of Appeals.

All the Justices concur.

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Hill, Justice.

Plaintiff sued the defendant, a minor under age 13, for negligence. The defendant’s motion for summary judgment was granted based upon his immunity from liability in tort by reason of his age. The appellant contends on appeal that Code § 105-1806 denies equal protection of the law because when a minor under age 13 is sued as a defendant for alleged negligence the law provides such minor immunity from liability for negligence, whereas when a minor under age 13 sues as a plaintiff for alleged negligence the law provides that such minor is not immune from the defense of contributory negligence. However, there is nothing in the record before this court to show that this constitutional question was raised or ruled upon by the trial court. Therefore this case is not within the jurisdiction of this court and the appeal is transferred to the Court of Appeals.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

216 S.E.2d 864, 234 Ga. 622, 1975 Ga. LEXIS 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soles-v-beasley-ga-1975.

Opinion

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