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MARQUES v. ROSS

39105.

105 Ga. App. 133 (1961)

123 S.E.2d 412

MARQUES v. ROSS et al.

Court of Appeals of Georgia.

Rehearing Denied December 13, 1961.

Attorney(s) appearing for the Case

G. Seals Aiken, for plaintiff in error.

Powell, Goldstein, Frazer & Murphy, Robt. R. Harlin, J. Winston Huff, contra.

FRANKUM, Judge.

The plaintiff contends that there is an issue of fact for the jury's determination upon two theories, namely, (1) whether Herbert Ross, Jr. was a member of the family of Herbert Ross, Sr. and was using the automobile of Herbert Ross, Sr. as a family purpose automobile at the time the wreck in question occurred, and (2) whether Herbert Ross, Sr. allowed his son to drive his (the father's) automobile when he, the father, knew his son was an incompetent...

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