McELROY v. McCORD

19850.

213 Ga. 695 (1957)

100 S.E.2d 880

McELROY et al. v. McCORD, by Next Friend.

Supreme Court of Georgia.

Decided November 8, 1957.

Rehearing Denied November 26, 1957.


Attorney(s) appearing for the Case

E. C. Harvey, Jr., for plaintiffs in error.

John L. Respess, Jr., F. L. Breen, contra.


DUCKWORTH, Chief Justice.

1. By reason of the failure of the act (Ga. L. 1955, p. 454) to require, as a condition precedent to the liability of the owner of the motor vehicle therein referred to, knowledge of said owner, there may be very serious doubt as to the constitutionality of the act under Art. 1, Sec. 1, Par. 3 of the Constitution (Code, Ann., § 2-103); but since such constitutional question was not raised in and ruled upon by the trial court, this court...

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