Wood v. Floyd County

Court of Appeals of Georgia

Wood v. Floyd County

133 S.E. 105, 35 Ga. App. 343, 1926 Ga. App. LEXIS 713

CourtCourt of Appeals of Georgia

DecidedMay 12, 1926

Docket15953

StatusPublished

This text of 133 S.E. 105 (Wood v. Floyd 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

Wood v. Floyd County, 133 S.E. 105, 35 Ga. App. 343, 1926 Ga. App. LEXIS 713 (Ga. Ct. App. 1926).

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Opinion

Bloodworth, J.

Questions certified by this court to the Supreme Court of Georgia in this ease ivere answered by that court as follows: “1. Where a county owns a tract of land and quantities of stone and operates a quarry thereon, and has been engaged there for several years in crushing rock to be used in making and building the public highways of the county, it will be held to have been exercising governmental functions, and no liability will attach to the non-performance or. improper performance of the duties of the officers, agents, or servants of the county in respect to these governmental functions. It would not affect the public character of the officers, agents, or servants of the county that a purely incidental profit might result to the county from its operation and management of the quarry, or because of a sale to the public of a portion of the stone crushed at said quarry. 2. In this case the county has no authority of law to engage in the business of crushing and selling rock to the public; and if its officers, agents, or servants undertake to do so, their acts are ultra vires, and no liability will attach to the county by reason of the non-performance or improper performance of such acts in such circumstances.” For full opinion of the Supreme Court se.e 161 Ga. 743 (131 S. B. 882).

Under the foregoing rulings the judge of the trial court did not err in sustaining the demurrer and dismissing the case.

Judgment affirmed.

Broyles, G. J., and Luke, J., coneur.

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Bloodworth, J.

Questions certified by this court to the Supreme Court of Georgia in this ease ivere answered by that court as follows: “1. Where a county owns a tract of land and quantities of stone and operates a quarry thereon, and has been engaged there for several years in crushing rock to be used in making and building the public highways of the county, it will be held to have been exercising governmental functions, and no liability will attach to the non-performance or. improper performance of the duties of the officers, agents, or servants of the county in respect to these governmental functions. It would not affect the public character of the officers, agents, or servants of the county that a purely incidental profit might result to the county from its operation and management of the quarry, or because of a sale to the public of a portion of the stone crushed at said quarry. 2. In this case the county has no authority of law to engage in the business of crushing and selling rock to the public; and if its officers, agents, or servants undertake to do so, their acts are ultra vires, and no liability will attach to the county by reason of the non-performance or improper performance of such acts in such circumstances.” For full opinion of the Supreme Court se.e 161 Ga. 743 (131 S. B. 882).

Under the foregoing rulings the judge of the trial court did not err in sustaining the demurrer and dismissing the case.

Judgment affirmed.

Broyles, G. J., and Luke, J., coneur.

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133 S.E. 105, 35 Ga. App. 343, 1926 Ga. App. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-floyd-county-gactapp-1926.

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