Knowles v. Gwynn, 43427
| Decision Date | 08 April 1968 |
| Docket Number | No. 1,No. 43427,43427,1 |
| Citation | 117 Ga.App. 686,161 S.E.2d 380 |
| Parties | Horace E. KNOWLES v. John W. GWYNN et al |
| Court | Georgia Court of Appeals |
Gettle & Jones, Sherman C. Fraser, Jr., Atlanta, for appellant.
Jacobs & Jacobs, Joseph Jacobs, Atlanta, for appellees.
Syllabus Opinion by the Court
The rulings appealed from antelated the Civil Practice Act. A petition alleging that Gwynn, a member of a striking union, deliberately caused a collision between his car and that of the plaintiff at a point on the highway approximately a mile from the plant where the strike was in progress, for the reason that plaintiff had crossed the picket line, and that the union 'knew or should have known' of the activities of Gwynn and of similar activities of other members of the union, but took no steps to stop or retard them, and that such activity was the product of uncontrolled mass picketing and labor demonstrations, fails to set out any cause of action against the union and the sustaining of its general demurrer was proper. Cf. Elrod v. Anchor Duck Mills, 50 Ga.App. 531, 179 S.E. 188.
There is no allegation of agency, only of membership by defendant in the union, and the allegation of knowledge is insufficient to show that the union was aware of his activity. Overton v. Alford, 210 Ga. 780, 82 S.E.2d 836.
The petition alleged that Norman Bennett was president of the union and that a copy of the petition and process might be served on the union by serving him at a stated address. He was not named as a party defendant; consequently his general demurrer and the sustaining thereof served no purpose in the matter and the ruling presents nothing for review.
There is no cross appeal from the overruling of the general demurrer of defendant Gwynn.
Judgment affirmed.
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Hunter v. A-1 Bonding Service, Inc.
...personal, disassociated from any business of the master. Cf. Knowles v. Gwynn, 224 Ga. 595, 163 S.E.2d 727, reversing Knowles v. Gwynn, 117 Ga.App. 686, 161 S.E.2d 380. Under our new system of pleading, that does not appear at this stage of the matter, though it may do so later on, as we ha......
- Fett v. Alderman, 43525
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Knowles v. Gwynn
...action was not set forth against a principal for the acts of an agent because the petition failed to allege agency. See Knowles v. Gwynn, 117 Ga.App. 686, 161 S.E.2d 380. The action arose because of the alleged act of the defendant Gwynn in deliberately causing a collision between his autom......
- Knowles v. Gwynn, 43427