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24 Ga. App. 180

Bazemore v. Stephenson

Court of Appeals of Georgia

Decided September 18, 1919

Court of Appeals of Georgia · decided 1919-09-18

Action for damages; from city court of Atlanta—Judge Reid. March 22,1919. Stephenson and another were sued for damages on account of a collision between an automobile which he was driving and an automobile in which the plaintiff was riding. The petition as amended alleged that the acts complained of were done wrongfully and intentionally.

Relies on Tinker v. Colwell

Good law ✅— No negative treatment on recordhow we know

Decided 1919-09-18

How this case has been cited

Cited by 3 later decisions — most recently January 1946

3 state decisions

101919192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Broyles, P. J.

¶1The sole question in this case is whether the evidence authorized a finding by the jury that the defendant wilfully and intentionally drove his automobile against the automobile in which the plaintiff was riding, so as to constitute such a malicious tort as would come within subdivision sec. 17 a (2) of the bankruptcy act of July 1, 1898 (30 Stat. 550, U.. S. Comp. St. § 9601). The records fails to disclose any evidence which would have authorized such a finding. The plaintiff himself testified in effect that he did not know and could not say that the defendant deliberately or intentionally did so. The court, therefore, did not err in directing a verdict for the defendant. See, in this connection, Collier on Bankruptcy (11th ed.), 402, 441; Tinker v. Coldwell, 193 U. S. 473, 481 (24 Sup. Ct. 505, 48 L. ed. 758); 11 Am. B. R. 568).

¶2Judgment affirmed.

Bloodworth, J., concurs. Stephens, J., dissents.
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