DocketNumber: 31104.
Citation Numbers: 36 S.E.2d 110, 73 Ga. App. 207
Judges: SUTTON, P. J.
Filed Date: 11/21/1945
Status: Precedential
Modified Date: 1/12/2023
1. "A county is not liable to suit for any cause of action unless made so by statute." Code, § 23-1502.
2. While it is true that a suit may now be maintained against a county in certain instances, still this can not be done except when it is authorized by express statutory or constitutional provision; and it is incumbent upon the person filing the suit to show that his case is within the legislative authority permitting such suit.
3. There is no statutory or constitutional provision in this State authorizing the maintenance against a county of a tort action for damages for personal injuries sustained by an employee of the county while repairing a public road of the county, which injuries are alleged to have been caused by the negligence of the county in furnishing to the employee old, worn, and defective machinery which was to be used and which was being used by him in repairing the road at the time he received the injuries.
4. The plaintiff's petition failed to show any right to maintain the suit, and the court properly dismissed the action on demurrer.
The defendant demurred to the petition on the grounds: (1) that no cause of action was set out; (2) that the county is not liable to suit for any cause of action unless made so by statute, and that the petition failed to show any statutory authority authorizing the institution of the present suit against Franklin County. The trial judge sustained the demurrer and dismissed the action, and the plaintiff excepted.
At common law a suit could not be maintained against a county at all. The State can not be sued except by permission; and counties, being political subdivisions of the State, are not subject to suit except where it is so provided by statute.County of Monroe v. Flynt,
According to the allegations of the petition, the plaintiff was seriously injured. His counsel presented his case in an earnest and ingenious manner, but there is nothing in the constitutional provisions or in the case of Smith v. FloydCounty,
The plaintiff's petition failed to show any right to maintain the suit, and the court properly dismissed the action on the demurrer.
Judgment affirmed. Felton and Parker, JJ., concur.
County of Monroe v. Flynt , 80 Ga. 489 ( 1888 )
Smith v. Floyd County , 85 Ga. 420 ( 1890 )
Bailey v. Fulton County , 111 Ga. 313 ( 1900 )
Seymore v. Elbert County , 116 Ga. 371 ( 1902 )
Millwood v. DeKalb County , 106 Ga. 743 ( 1899 )
Tounsel v. State Highway Department , 180 Ga. 112 ( 1935 )
Wood v. Floyd County , 161 Ga. 743 ( 1926 )