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Ayers v. Board of Education

Ayers v. Board of Education of Hart County

Ayers v. Bd. of Educ., 192 S.E. 256 (Ga. Ct. App. 1937)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 3, 1937
Docket
No. 26237
Judges
Felton
Citations
192 S.E. 25656 Ga. App. 1461937 Ga. App. LEXIS 304
Cited by 4

Opinion of the Court — Felton

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

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.

How later courts describe this case

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

Cited by 4 cases

View all citing references →
1939: 11940: 11948: 11975: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. Verner v. Board of Education of Haralson County47 S.E.2d 500 (Ga. 1948)
  2. Ayers v. Hartford Accident & Indemnity Co.106 F.2d 958 (5th Cir. 1939)
  3. Lance Roofing Co. v. Board of Education216 S.E.2d 627 (Ga. Ct. App. 1975)
  4. Boylston v. Armour & Co.12 S.E.2d 34 (S.C. 1940)

Most recent

  1. Lance Roofing Co. v. Board of Education216 S.E.2d 627 (Ga. Ct. App. 1975)
  2. Verner v. Board of Education of Haralson County47 S.E.2d 500 (Ga. 1948)
  3. Boylston v. Armour & Co.12 S.E.2d 34 (S.C. 1940)
  4. Ayers v. Hartford Accident & Indemnity Co.106 F.2d 958 (5th Cir. 1939)

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
Bd. of Educ. v. Hunt, 116 S.E. 900 (Ga. Ct. App. 1923) 10

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