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Hubert v. Harpe

Hubert v. Harpe, 183 S.E. 98 (Ga. Ct. App. 1935)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
December 16, 1935
Docket
No. 23642
Judges
Jenkins
Citations
183 S.E. 9852 Ga. App. 2621935 Ga. App. LEXIS 133

Opinion of the Court — Jenkins

Text extracted by OCR from a scanned original; check the original for exact wording.

Jenkins, P. J.

Under the decision of the Supreme Court in answer to the question certified to it by this court in this ease, the defendant father, who kept and maintained an automobile for the comfort and pleasure of his wife and minor children, and who permitted a non-dependent, self-supporting adult son to reside in his home ■ without charge and by custom voluntarily permitted such son to drive the car for the comfort and pleasure of the son upon the same footing as the father’s wife and minor children, could be held liable for personal injuries on account of the negligent operation of the automobile by the son, a eodefendant with the father, where at the time of such operation the son was driving the car for his own recreation and pleasure by the express or implied permission of the father. Hubert v. Harpe, 181 Ga. 168 ( 118 S. E. 167 ). Under these principles, the verdict for the plaintiff was authorized, not only against the son, but against the father; and the trial court did not err in giving in charge to the jury the instructions complained of, as to the liability of the father for such negligence by his adult son, these charges being in substantial accord with the rules determined by the Supreme Court.

Judgment affirmed.

Stephens and Sutton, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1936: 11938: 11947: 11949: 119362026peak 1936 · 1

Relies on it most ⓘ

  1. Cohen v. Whiteman43 S.E.2d 184 (Ga. Ct. App. 1947)
  2. Whitlock v. Michael53 S.E.2d 587 (Ga. Ct. App. 1949)
  3. McCrackin v. McKinney183 S.E. 831 (Ga. Ct. App. 1936)
  4. Dillon v. Burnett85 P.2d 656 (Wash. 1938)

Most recent

  1. Whitlock v. Michael53 S.E.2d 587 (Ga. Ct. App. 1949)
  2. Cohen v. Whiteman43 S.E.2d 184 (Ga. Ct. App. 1947)
  3. Dillon v. Burnett85 P.2d 656 (Wash. 1938)
  4. McCrackin v. McKinney183 S.E. 831 (Ga. Ct. App. 1936)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hubert v. Harpe, 182 S.E. 167 (Ga. 1935) 47

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