172 Ga. 378 | Ga. | 1931
J. H. Murphy was employed by the Troup County Board of Education as bus driver to convey children to the public schools in Troup County. While so engaged he received injuries. He filed a claim before the Industrial Commission of Georgia, for
It was held by this court, in Floyd County v. Scoggins, 164 Ga. 485 (139 S. E. 11, 53 A. L. R. 1286), that “So much of the workmen’s compensation act as requires the counties of this State to insure their employees against, or pay them compensation for, personal injuries or for their deaths while in the employment of the counties, violates art. 7, sec. 6, par. 2, of the constitution of this State, which declares the purposes for which the legislature can authorize the counties to levy taxes.” Troup County Board of Education was constituted under the laws found in the Civil Code of 1910, §§ 1478 et seq., and 8 Park’s Code Supp., §§ 1437 et seq. Troup County Board of Education is not an independent organization or political division. It is an agency through which Troup County acts in school matters. Smith v. Board of Education of Washington County, 153 Ga. 758 (2) (113 S. E. 147); Board of Education for Houston County v. Hunt, 29 Ga. App. 665 (116 S. E. 900); Board of Education of Houston County v. Hunt, 159 Ga. 749 (126 S. E. 789).
The fund received by the Board of Education of Troup County for maintaining the schools is received from taxation, and from funds derived from the State school fund. The argument is offered hy the plaintiff, that since the board of education is given power and authority to “make all arrangements necessary to the efficient operation of the schools, and further is given authority and power to provide means of transportation for pupils and teachers to and from schools,” this language would include the furnishing of workmen’s compensation insurance or liability for personal injuries to a bus driver engaged in transporting pupils to and from a consolidated school. The power to expend money by the board of edu
Judgment affirmed.