46 Ga. App. 808 | Ga. Ct. App. | 1933
Suit was filed against Tom Manis and his daughter, Lucile Manis. The petition alleged that “Tom Manis on the 9th day of January, 1932, and prior thereto owned a certain Chevrolet automobile which was maintained by him for the purpose of driving himself and for his family’s convenience, use, and pleasure, and that his said daughter, Lucile, who was single and living at the home of her father, and was a member of the family accustomed to drive said car, operated said car by and with the knowledge and consent of her father, Tom Manis, on the 9th day of January, 1932, and that while operating such car on such date she negligently ran into and damaged petitioner in a named manner and amount.” The petition was demurred to on the-ground that no cause of action was set forth against Tom Manis. The court sustained the general demurrer and dismissed the petition as to Tom Manis, and the plaintiff excepted.
The question is presented whether the allegations of the petition were sufficient to show that Lucile Manis was operating the car for her own pleasure as a member of the family of Tom Manis when the accident occurred. The other and main question is whether, under the family-purpose doctrine as laid down in the case of Griffin v. Russell, 144 Ga. 275 (87 S. E. 10, L. R. A. 1916F, 216, Ann.
Does this principle apply to an adult single daughter or son living with parents as a member of the family? We think so. The point has never been specifically decided by the courts of this State.
The allegations of this petition show that on the day the injury occurred Lucile Manis was operating the car provided by her father, Tom Manis, for her pleasure, with his knowledge and consent, it being the car which he had provided for his family convenience, use, and pleasure. Under the decisions above quoted these allegations were sufficient to withstand a general demurrer, and the court below erred in sustaining the demurrer and dismissing the petition.
Judgment reversed.