National Distributing Co. v. Oxford
| Decision Date | 19 January 1961 |
| Docket Number | No. 38693,No. 2,38693,2 |
| Citation | 118 S.E.2d 274,103 Ga.App. 72 |
| Parties | NATIONAL DISTRIBUTING COMPANY v. Dixon OXFORD, Commissioner |
| Court | Georgia Court of Appeals |
Dudley Cook, Atlanta, for plaintiff in error.
Eugene Cook, Ben F. Johnson, Jr., Asst. Atty. Gen., Robert W. Goodman, Deputy Asst. Atty. Gen., for defendant in error.
Syllabus Opinion by the Court
This suit was brought by the plaintiff against the State of Georgia, Dixon Oxford, State Revenue Commissioner, the Department of Revenue of the State of Georgia, and Georgia Industrial Realty Co., for damages resulting from water flowing from a broken tank of a commode, which fixture was located in a building leased from the Georgia Industrial Realty Co. by the State for the purpose of warehousing whisky as provided by Chapter 58-10 of the Code of Georgia. The plaintiff alleges numerous acts of negligence against the defendants, contending that said acts resulted in damage to its property. The trial court sustained the general demurrers of the State of Georgia, Dixon Oxford, State Revenue Commissioner, and the Department of Revenue, which ruling the plaintiff contends was erroneous. The trial court did not err in sustaining the general demurrers. The State cannot be sued except by express consent or by a constitutional provision. Barwick v. Roberts, 192 Ga. 783, 16 S.E.2d 867; Holcombe v. Georgia Milk Producers Confederation, 188 Ga. 358, 3 S.E.2d 705; Roberts v. Barwick, 187 Ga. 691, 1 S.E.2d 713. There is no allegation in the petition to show the plaintiff has a right to sue the State. Florida State Hospital for the Insane v. Durham Iron Co., 194 Ga. 350, 21 S.E.2d 216. Furthermore, a suit cannot be maintained against a State official in his individual capacity as a means to sue the State. The allegations of the petition are insufficient to set forth a cause of action against Dixon Oxford as an individual. Musgrove v. Georgia Railroad & Banking Co., 204 Ga. 139, 49 S.E.2d 26; Fleisher v. Duncan, 195 Ga. 309, 24 S.E.2d 15. A waiver of immunity to a suit by a state can only arise from a provision of its constitution (Florida State Hospital for the Insane v. Durham Iron Co., 194 Ga. 350, 21 S.E.2d 216), or from an act of its legislature (Georgia Public Service Commission v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618; Musgrove v. Georgia Railroad & Banking Co., 204 Ga. 139, 49 S.E.2d 26; Roberts v. Barwick, 187 Ga. 691, 1 S.E.2d 713; Thompson v. Continental Gin...
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Trice v. Wilson
...agents or employees, and has not consented to be sued therefor. Roberts v. Barwick, 187 Ga. 691, 1 S.E.2d 713; National Dist. Co. v. Oxford, 103 Ga.App. 72, 118 S.E.2d 274. The injured party must look to the legislature and not the courts (Georgia Military Institute v. Simpson, 31 Ga. 273, ......
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Irvin v. Woodliff
...187 Ga. 691, 1 S.E.2d 713; Id., 192 Ga. 783, 16 S.E.2d 867; Peters v. Boggs, 217 Ga. 471, 123 S.E.2d 258; National Distributing Co. v. Oxford, 103 Ga.App. 72, 118 S.E.2d 274; Crowder v. Department of State Parks, 123 Ga.App. 793, 182 S.E.2d 512; Musgrove v. Ga. R. & Banking Co., 204 Ga. 139......
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Meadows Motors, Inc. v. Department of Administrative Services, 53281
...v. Barwick, 187 Ga. 691(1), 1 S.E.2d 713. (Emphasis supplied.) Eibel v. Forrester, 194 Ga. 439, 22 S.E.2d 96; National Distributing Co. v. Oxford, 103 Ga.App. 72, 118 S.E.2d 274. The fly in this judicial ointment is Regents of the University System v. Blanton, 49 Ga.App. 602(1), 176 S.E. 67......
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Crowder v. Department of State Parks
...sovereign immunity, and I agree today that it has not expressly waived such immunity. Under the decision in National Distributing Co. v. Oxford, 103 Ga.App. 72, 118 S.E.2d 274, a decision which was controlling upon the Court of Appeals at that time, such conclusion was The Supreme Court is ......