50 S.E.2d 850 | Ga. Ct. App. | 1948
1. This court will not consider and rule upon a matter which was not ruled upon by the trial court, and which was not a part of the record when the judgment complained of was rendered.
2. (a) A driver employed by the owner of an automobile, who invites another as his guest to ride in the automobile without the knowledge, authority, or consent of the owner, is acting outside the scope of his employment, and the owner is not liable on account of the guest's death caused by the negligence of the driver.
(b) As the petition shows that the plaintiff's deceased son was riding in the automobile as the guest of the driver, Ernest T. Reid, at the time *215 of the accident which caused his death, without the authority, knowledge, or consent of the owner, no cause of action is set out against Grady Carpenter, the owner of the automobile, and the trial court erred in overruling the general demurrer of the defendant Carpenter.
All three of the defendants filed separate demurrers to the petition as amended. The demurrer of Georgia Power Company was sustained. The trial judge overruled the demurrers of Grady Carpenter and Ernest T. Reid; and Grady Carpenter excepted to the judgment overruling his general demurrer.
1. This court will not rule upon a matter which was not ruled upon by the trial court. The writ of error in the present case was filed in this court on September 29, 1948, and is based on a ruling and judgment of the trial court made on September 2, 1948.
Therefore, the suggested diminution of the record because of a purported amendment to the petition which was filed in the superior court on October 27, 1948, after the bill of exceptions was filed in this court, can not now be considered or granted.
2. "One riding by invitation and gratuitously in another's automobile can not recover for injury caused by the other's negligence, unless it amounted to gross negligence." Epps v.Parrish,
Judgment reversed. Felton and Parker, JJ., concur.