Calhoun v. Pair

Decision Date09 May 1944
Docket Number14840.
Citation30 S.E.2d 180,197 Ga. 703
PartiesCALHOUN v. PAIR.
CourtGeorgia Supreme Court

Roy S. Drennan, of Atlanta, for plaintiff in error.

F. Lee Evans, and Douglas, Andrews & Cole, all of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

PER CURIAM.

The Court of Appeals certified to this court the following questions: '1. Is a father, who furnishes to his minor son (fourteen years of age) a bicycle for the purpose of using the same to go to and from school, liable to another in damages for injuries received by the other when such injuries are occasioned by the negligent and unlawful use of such bicycle by the minor son, and where such negligence is the proximate cause of the injury? 2. If the answer to the first question is in the affirmative, is such liability based on what is generally termed 'the family purpose doctrine,' or on some other principle of law?' Answer: The Justices are in disagreement as to the processes of reasoning by which we reach the ultimate conclusion, but we are unanimous in the view that the answer to the first question is, 'No,' and for this reason no answer to the second question is required.

Question answered.

All the Justices concur.

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4 cases
  • Sowell v. Solomon
    • United States
    • Georgia Court of Appeals
    • February 22, 2022
    ...that precludes liability for the parental negligence claims in this action. In this regard, the Defendants point to Calhoun v. Pair , 197 Ga. 703, 30 S.E.2d 180 (1944), where the plaintiff brought an action against the defendant, alleging that plaintiff's 12-year-old son had been injured af......
  • Herrin v. Lamar, 39538
    • United States
    • Georgia Court of Appeals
    • May 21, 1962
    ...of an ordinance by a fourteen-year-old on his way to school (Calhoun v. Pair, 71 Ga.App. 211, 30 S.E.2d 776, conf. to cert. quest., 197 Ga. 703, 30 S.E.2d 180; struck by a lawn rake left accessible to a minor (Matthews v. Johnson, 100 Ga.App. 331, 111 S.E.2d 158), and where his livestock wa......
  • Stephens v. Stewart, 43584.
    • United States
    • Georgia Court of Appeals
    • November 18, 1968
    ...brought to our attention wherein the family-purpose doctrine has been extended beyond its application to automobiles. In Calhoun v. Pair, 197 Ga. 703 (30 SE2d 180), the court declared that a father who furnishes a bicycle to his minor son (14 years old) for the purpose of going to and from ......
  • Cook v. Cook
    • United States
    • Georgia Supreme Court
    • June 6, 1944

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